HBA-KMH, GUM S.B. 409 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 409
By: Duncan
Criminal Jurisprudence
5/4/1999
Engrossed


BACKGROUND AND PURPOSE 

Currently, the court trying a felony case is authorized to order the jury
not to separate, except for housing female and male jurors separately.  The
Rules of Civil Procedure include language which allows the jury to
separate.  S.B. 409 authorizes a trial judge to permit jurors in a felony
case to separate for meals or other purposes. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Article 35.23, Code of Criminal Procedure, to authorize
a court in a felony case to provide an exception to its own order
prohibiting jurors from being separate afer being given their charge,
permitting said jurors to separate for meals or other proper purposes. 

SECTION 2.  Effective date:  September 1, 1999.  
  Makes application of this Act prospective.

SECTION 3.  Emergency clause.