HBA-AMW H.B. 1413 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1413
By: Farrar
Criminal Jurisprudence
4/3/2001
Introduced



BACKGROUND AND PURPOSE 

Jury misconduct is one of the reasons for mistrial or appeal of a jury
decision.  Although rules exist regarding the competency of a juror as a
witness and the testimony of the juror, these rules are not codified. House
Bill 1413 adds provisions regarding testimony by a member of a jury to the
Code of Criminal Procedure. 

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. 

ANALYSIS

House Bill 1413 amends the Code of Criminal Procedure to prohibit a juror
from testifying in the trial of a case before the jury on which the juror
sits as a member and provide that if a juror is called to testify in
violation of this prohibition, the opposing party is entitled to object to
the testimony outside of the presence of the jury.  The bill sets forth
provisions relating to matters about which a juror is prohibited from
testifying and provides that an affidavit or evidence of a statement by a
juror concerning these matters is not admissible.  H.B. 1413 authorizes a
juror, on inquiry into the validity of a verdict or indictment, to testify
as to any matter relevant to the validity of the verdict or indictment. 

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001.