By:  Sibley                                             S.B. No. 46
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to a reversal of a conviction in a criminal case on the
    1-2  grounds of service by a disqualified juror.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Chapter 44, Code of Criminal Procedure, is
    1-5  amended by adding Article 44.46 to read as follows:
    1-6        Art. 44.46.  REVERSAL OF CONVICTION ON THE BASIS OF SERVICE
    1-7  ON JURY BY A DISQUALIFIED JUROR.  A conviction in a criminal case
    1-8  may be reversed on appeal on the ground that a juror in the case
    1-9  was absolutely disqualified from service under Article 35.19 of
   1-10  this code only if:
   1-11              (1)  the defendant raises the disqualification before
   1-12  the verdict is entered; or
   1-13              (2)  the disqualification was not discovered or brought
   1-14  to the attention of the trial court until after the verdict was
   1-15  entered and the defendant makes a showing of significant harm by
   1-16  the service of the disqualified juror.
   1-17        SECTION 2.  The change in law made by this Act applies only
   1-18  to the trial of an offense that begins on or after the effective
   1-19  date of this Act.  A trial for an offense that begins before the
   1-20  effective date of this Act is governed by the law in effect at the
   1-21  time the trial begins.
   1-22        SECTION 3.  This Act takes effect September 1, 1993.
   1-23        SECTION 4.  The importance of this legislation and the
   1-24  crowded condition of the calendars in both houses create an
    2-1  emergency and an imperative public necessity that the
    2-2  constitutional rule requiring bills to be read on three several
    2-3  days in each house be suspended, and this rule is hereby suspended.