HBA-EDN H.B. 2169 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2169
By: Dunnam
Criminal Jurisprudence
4/6/2001
Introduced



BACKGROUND AND PURPOSE 

Under current law, a judge or justice of the peace (justice) is prohibited
from sitting in any criminal case in which the judge or justice may be the
party injured, the judge or justice has been of counsel for the state or
the accused, or the accused or the party injured may be connected with the
judge or justice by consanguinity or affinity within the third degree.
House Bill 2169 includes under this prohibition a judge or justice who has
announced candidacy for or has become a candidate in an election.   

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 2169 amends the Code of Criminal Procedure to provide that no
judge or justice of the peace (justice) shall sit in any case if the judge
or justice has announced candidacy for or has become a candidate in an
election constituting an automatic resignation from office. 

EFFECTIVE DATE

September 1, 2001.