HBA-SEP H.B. 2515 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2515
By: Garcia
Criminal Jurisprudence
4/12/2001
Introduced



BACKGROUND AND PURPOSE 

Under current law, a juror in a capital case is not authorized to question
a testifying witness.  Given that the jury in such a trial has the power to
impose a sentence of death on the defendant, it may be beneficial for
jurors to have access to all facts and circumstances and to have the
opportunity to ask questions of the witnesses.  House Bill 2515 authorizes
a juror in a capital case to ask a testifying witness a question by
submitting the question in writing to the bailiff.   

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 2515 amends the Code of Criminal Procedure to authorize a juror
in a capital case to ask a testifying witness a question by submitting the
question in writing to the bailiff.  The bailiff is required to give the
question to the judge who is required to ask the witness the juror's
question.  A question asked by a juror is required to be treated in the
same manner as a question asked by the prosecutor or defense attorney.   

EFFECTIVE DATE

September 1, 2001.