S.B. No. 46
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.