By Longoria H.B. No. 2382
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to a jury's right to determine the law in criminal and
1-3 certain civil cases.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Article 36.13, Code of Criminal Procedure, is
1-6 amended to read as follows:
1-7 Art. 36.13. Jury is Judge of Facts and Law. (a) Unless
1-8 otherwise provided in this Code, the jury is the exclusive judge of
1-9 the facts. The jury<, but it> is bound to receive the law from the
1-10 court and be governed thereby, except if a jury determines that a
1-11 defendant is guilty according to the law and that the law is unjust
1-12 or unjustly applied to the defendant, the jury may determine not to
1-13 apply the law to the defendant and find the defendant not guilty or
1-14 guilty of a lesser include offense.
1-15 (b) Before a jury hears a case, and again before the jury
1-16 deliberates in the case, the court shall instruct the jury as
1-17 follows: "If you determine that the defendant is guilty according
1-18 to law, you may apply the law to the defendant and find the
1-19 defendant guilty. You may also consider the motives and
1-20 circumstances of the defendant, the extent to which the defendant's
1-21 actions injured another person, the merits of the law itself, and
1-22 the wisdom of applying the law to the defendant in the case before
1-23 you. If finding the defendant guilty according to the law would
2-1 violate your conscience or sense of justice, you may determine not
2-2 to apply the law to the defendant and find the defendant not guilty
2-3 or you may find the defendant guilty of a lesser included offense."
2-4 (c) The court shall allow any party to the trial to present
2-5 to the jury, for its consideration, evidence and testimony relating
2-6 to the motives and circumstances of the defendant and the extent to
2-7 which he actually harmed another person. Any party to the trial
2-8 may also present to the jury arguments regarding the spirit,
2-9 intent, merits, and constitutionality of the law itself and its
2-10 applicability to the case at hand.
2-11 (d) A potential juror may not be excused or disqualified
2-12 from serving on a jury because the juror expresses a willingness to
2-13 evaluate the law or its application, to vote on the verdict
2-14 according to conscience or sense of justice, or to consider
2-15 testimony or evidence allowed in this article.
2-16 (e) On motion of the state or the defendant, a court that
2-17 failed to provide the instruction required by this article, or
2-18 failed to follow any other rule of procedure of this article shall
2-19 declare a mistrial in the case.
2-20 SECTION 2. Subtitle B, Title 2, Civil Practices and Remedies
2-21 Code, is amended by adding Chapter 24 to read as follows:
2-22 CHAPTER 24. JURY POWERS IN CERTAIN GOVERNMENTAL PROCEEDINGS
2-23 Sec. 24.001. DEFINITION. In this chapter, "governmental
2-24 agency" means:
2-25 (1) this state and any institution, agency, or organ
3-1 of government established by the constitution or laws of this
3-2 state, including any department, bureau, board, commission, office,
3-3 or council of this state; and
3-4 (2) a political subdivision of this state, including
3-5 any county, municipality, district, or authority, and any agency of
3-6 a political subdivision.
3-7 Sec. 24.002. SCOPE OF CHAPTER. (a) This chapter applies
3-8 only to an action in which a governmental agency, as party to a
3-9 civil action, seeks to collect a civil or administrative penalty.
3-10 (b) This chapter applies only to an action tried to a jury
3-11 under applicable law. This chapter does not create a right to a
3-12 jury.
3-13 Sec. 24.003. POWER TO NOT APPLY LAW. If a jury determines
3-14 that a party is liable according to the law and the law is unjust
3-15 or unjustly applied to the party, the jury may determine not to
3-16 apply the law to the party and find the party not liable.
3-17 Sec. 24.004. JURY INSTRUCTION. (a) Before a jury hears any
3-18 action to which this chapter applies, and again before the jury
3-19 deliberates in the action, the court shall instruct the jury as
3-20 follows: "If you determine that a party is liable according to
3-21 law, you may apply the law to the party and find the party liable.
3-22 You may also consider the motives and circumstances of the party,
3-23 the extent to which the party's actions injured another person, the
3-24 merits of the law itself, and the wisdom of applying the law to the
3-25 party in the case before you. If finding the party liable
4-1 according to the law would violate your conscience or sense of
4-2 justice, you may determine not to apply the law to the party or you
4-3 may apply the law to the party and find the party liable for an
4-4 amount less than the amount required by the law."
4-5 (b) The court shall allow any party to the trial to present
4-6 to the jury, for its consideration, evidence and testimony relating
4-7 to the motives and circumstances of the defendant and the extent to
4-8 which he actually harmed another person. Any party to the trial
4-9 may also present to the jury arguments regarding the spirit,
4-10 intent, merits, and constitutionality of the law itself and its
4-11 applicability to the case at hand.
4-12 (c) A potential juror may not be excused or disqualified
4-13 from serving on a jury because the juror expresses a willingness to
4-14 evaluate the law or its application, to vote on the verdict
4-15 according to conscience or sense of justice, or to consider
4-16 testimony or evidence allowed in this article.
4-17 (d) On motion of a party, a court that failed to provide the
4-18 instruction required by this section, or failed to follow the rules
4-19 of procedure of this article shall declare a mistrial in the
4-20 action.
4-21 Sec. 24.005. CONFLICT WITH TEXAS RULES OF CIVIL PROCEDURE.
4-22 Notwithstanding Section 22.004, Government Code, this chapter may
4-23 not be modified or repealed by a rule adopted by the supreme court.
4-24 SECTION 3. The change in law made by this Act applies only
4-25 to a jury sworn on or after the effective date of this Act.
5-1 SECTION 4. This Act takes effect September 1, 1993.
5-2 SECTION 5. The importance of this legislation and the
5-3 crowded condition of the calendars in both houses create an
5-4 emergency and an imperative public necessity that the
5-5 constitutional rule requiring bills to be read on three several
5-6 days in each house be suspended, and this rule is hereby suspended.