HBA-EDN H.B. 211 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 211
By: Longoria
Criminal Jurisprudence
3/15/2001
Introduced



BACKGROUND AND PURPOSE 

Under current law, a defendant in a criminal case is allowed to waive their
right to a trial by jury only with the consent of the attorney representing
the state.  Trials without juries tend to be simpler, less expensive, and
more expeditious.  If a district or deputy district attorney refuses to
consent to a waiver of a jury trial in misdemeanor cases, it may result in
substantial backlog in court dockets.  House Bill 211 eliminates the
requirement for the consent of the district or deputy district attorney for
a waiver of a jury trial in misdemeanor criminal cases.   

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 211 amends the Code of Criminal Procedure to provide that a
defendant in a criminal prosecution of a misdemeanor offense only needs the
consent and approval of the court to waive the right of trial by jury,
rather than both the court and the attorney representing the state. 

EFFECTIVE DATE

September 1, 2001.