By:  Eckels                                            H.B. No. 765
       73R146 DRH-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to challenges for cause to jurors in a criminal case.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Article 35.16(a), Code of Criminal Procedure, is
    1-5  amended to read as follows:
    1-6        (a)  A challenge for cause is an objection made to a
    1-7  particular juror, alleging some fact which renders him incapable or
    1-8  unfit to serve on the jury.  A challenge for cause may be made by
    1-9  either the state or the defense for any one of the following
   1-10  reasons:
   1-11              1.  That he is not a qualified voter in this state and
   1-12  county under the Constitution and laws of the state; provided,
   1-13  however, the failure to register to vote shall not be a
   1-14  disqualification;
   1-15              2.  That he has been convicted of theft or any felony;
   1-16              3.  That he is under indictment or other legal
   1-17  accusation for theft or any felony;
   1-18              4.  That he is insane;
   1-19              5.  That he has a mental or physical impairment that
   1-20  renders him unsuitable or unfit for jury service <such defect in
   1-21  the organs of feeling or hearing, or such bodily or mental defect
   1-22  or disease as to render him unfit for jury service, or that he is
   1-23  legally blind and the court in its discretion is not satisfied that
   1-24  he is fit for jury service in that particular case>;
    2-1              6.  That he is a witness in the case;
    2-2              7.  That he served on the grand jury which found the
    2-3  indictment;
    2-4              8.  That he served on a petit jury in a former trial of
    2-5  the same case;
    2-6              9.  That he has a bias or prejudice in favor of or
    2-7  against the defendant;
    2-8              10.  That from hearsay, or otherwise, there is
    2-9  established in the mind of the juror such a conclusion as to the
   2-10  guilt or innocence of the defendant as would influence him in his
   2-11  action in finding a verdict.  To ascertain whether this cause of
   2-12  challenge exists, the juror shall first be asked whether, in his
   2-13  opinion, the conclusion so established will influence his verdict.
   2-14  If he answers in the affirmative, he shall be discharged without
   2-15  further interrogation by either party or the court.  If he answers
   2-16  in the negative, he shall be further examined as to how his
   2-17  conclusion was formed, and the extent to which it will affect his
   2-18  action; and, if it appears to have been formed from reading
   2-19  newspaper accounts, communications, statements or reports or mere
   2-20  rumor or hearsay, and if the juror states that he feels able,
   2-21  notwithstanding such opinion, to render an impartial verdict upon
   2-22  the law and the evidence, the court, if satisfied that he is
   2-23  impartial and will render such verdict, may, in its discretion,
   2-24  admit him as competent to serve in such case.  If the court, in its
   2-25  discretion, is not satisfied that he is impartial, the juror shall
   2-26  be discharged;
   2-27              11.  That he cannot read or write.
    3-1        No juror shall be impaneled when it appears that he is
    3-2  subject to the second, third or fourth grounds of challenge for
    3-3  cause set forth above, although both parties may consent.  All
    3-4  other grounds for challenge may be waived by the party or parties
    3-5  in whose favor such grounds of challenge exist.
    3-6        <In this subsection "legally blind" shall mean having not
    3-7  more than 20/200 of visual acuity in the better eye with correcting
    3-8  lenses, or visual acuity greater than 20/200 but with a limitation
    3-9  in the field of vision such that the widest diameter of the visual
   3-10  field subtends an angle no greater than 20 degrees.>
   3-11        SECTION 2.  The change in law made by this Act applies only
   3-12  to persons who are prospective jurors on or after the effective
   3-13  date of this Act.  A person who has taken an oath as a juror before
   3-14  the effective date of this Act is covered by the law in effect when
   3-15  the oath was taken, and the former law is continued in effect for
   3-16  this purpose.
   3-17        SECTION 3.  This Act takes effect September 1, 1993.
   3-18        SECTION 4.  The importance of this legislation and the
   3-19  crowded condition of the calendars in both houses create an
   3-20  emergency   and   an   imperative   public   necessity   that   the
   3-21  constitutional rule requiring bills to be read on three several
   3-22  days in each house be suspended, and this rule is hereby suspended.