HBA-AMW C.S.H.B. 2063 77(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 2063
By: Tillery
Criminal Jurisprudence
4/24/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Current law provides explicit charges for a court to instruct a jury in the
penalty phase for certain felonies. Although a  judge is required to
deliver to the jury a written charge directly setting forth the law
applicable to the case before argument begins, current law does not provide
explicit instructions for the court to charge the jury before arguments
begin in each misdemeanor or felony case.  C.S.H.B. 2063 sets forth
language for the court's charge to the jury in each misdemeanor or felony
trial and in each misdemeanor or felony trial in which the state relies on
circumstantial evidence. 

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

C.S.H.B. 2063 amends the Code of Criminal Procedure to set forth language
for the court's charge to the jury in each misdemeanor or felony trial and
in each misdemeanor or felony trial in which the state relies on
circumstantial evidence. 

EFFECTIVE DATE

September 1, 2001.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 2063 modifies the original bill to conform to Texas Legislative
Council style and format.  The substitute differs from the original bill by
clarifying that the charge for each misdemeanor or felony trial is to be
included in the instructions that a court is required to charge the jury in
a misdemeanor or felony trial in which the state relies on circumstantial
evidence.  The substitute modifies the original bill by replacing all
references to "defendant" with "accused person."  The substitute also
modifies the original bill by moving the provisions of the bill from the
chapter in the Code of Criminal Procedure regarding the verdict in a trial
to the chapter regarding the trial before the jury.