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.