HB 1386

84(R) - 2015
House Criminal Jurisprudence
House Criminal Jurisprudence
Criminal Procedure

Vote Recommendation

  • Neutral
  • Neutral
  • Neutral
  • Positive
  • Neutral


Richard Raymond

Bill Caption

Relating to the prohibition of more than one counsel appearing in a misdemeanor case.

Fiscal Notes

A May 18, 2015 fiscal note anticipates no significant fiscal implication to the State or to units of local government.

Bill Analysis

Under current law, not more than one counsel can conduct either the prosecution or the defense in justice and municipal courts.

House Bill 1386 would amend Article 45.020 of the Code of Criminal Procedure to remove this provision. It would also clarify current law by specifying that the State's counsel may open and conclude the argument in the case.

Vote Recommendation Notes

According to the statement of intent for House Bill 1386, the provision that the bill seeks to remove is mostly overlooked by municipal courts. The bill would update the law to reflect current court procedures. Defendants would hence be legally allowed to have a team of counselors working together for their client.

House Bill 1386 would make the law clear regarding court procedures, and make sure defendants can get the counsel they need. We support House Bill 1386.

Second chamber sponsor is Senator Rodney Ellis.