HBA-BSM S.B. 1035 77(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 1035
By: West, Royce
Criminal Jurisprudence
4/30/2001
Engrossed



BACKGROUND AND PURPOSE 

Currently, court clerks preparing judgments are required to be supervised
by an attorney, or the judgments are required to be prepared by an
attorney. The process consists of filling out a computer generated form,
which most court clerks are competent to do.  Senate Bill 1035 authorizes a
court clerk to prepare a judgment without the supervision of an attorney.  

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

Senate Bill 1035 amends the Code of Criminal Procedure to authorize a judge
to order the prosecuting attorney, the attorney or attorneys representing
any defendant, or the court clerk to prepare the judgment in a criminal
case, or authorizes the court to prepare the judgment.  The bill deletes
the provision specifying that the court clerk prepare the judgment under
the supervision of an attorney.  

EFFECTIVE DATE

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