HBA-EDN H.B. 313 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 313
By: Allen
Criminal Jurisprudence
4/2/2001
Introduced



BACKGROUND AND PURPOSE 

Currently, a witness in a criminal court may be excluded from a courtroom
so that the witness cannot hear the testimony of other witnesses if a court
so orders under Rule 614, Texas Rules of Evidence.  As many witnesses in
criminal cases are either victims, victims' guardians, or close relatives
of deceased victims, excluding these persons from the courtroom can
compound the stress and anxiety which these victims or family members are
already feeling, particularly if the victim or family member does not wish
to be excluded from the courtroom.  House Bill 313 allows a witness to be
excluded only if the court determines that such a witness would be
materially affected  by hearing other testimony at the trial. 
  
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 313 amends the Code of Criminal Procedure to authorize a court,
at the request of a party, to exclude from the courtroom a witness who for
the purposes of the prosecution is a victim, close relative of a deceased
victim, or guardian of a victim only if the witness is to testify and the
court determines that the testimony of the witness would be materially
affected if the witness hears other testimony at the trial. The bill
authorizes the court, on the objection of the opposing party, to require
the party requesting exclusion of a witness to make an offer of proof to
justify the exclusion. 

EFFECTIVE DATE

September 1, 2001.