HBA-KMH H.B. 3071 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3071
By: Hinojosa
Criminal Jurisprudence
4/19/1999
Introduced



BACKGROUND AND PURPOSE 

The failure of a court to faithfully enforce a mandatory statutory
provision that has not been determined to be unconstitutional is an
improper violation of the separation of powers, although it may not by
considered an error for purposes of appeal of a conviction. 

H.B. 3071 expressly provides that a court is required to faithfully enforce
mandatory provision of the Code of Criminal Procedure, but allows the court
of appeals to determine its weight as to a verdict. 

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 Chapter 1, Code of Criminal Procedure, by adding Article
1.011, as follows: 

Art.  1.011.  JUDICIAL ENFORCEMENT.  Requires a court to which a mandatory
provision of the Code of Criminal Procedure applies to enforce faithfully
that  provision.  Provides that the failure or refusal of a trial court to
enforce a mandatory provision of the Code of Criminal Procedure is not a
cause for reversal of a conviction if the appellate court determines that
the failure or refusal was not outcome determinative. 

SECTION 2. Emergency clause.
  Effective date: upon passage.