By: Sibley S.B. No. 46 73R1036 DRH-F A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to a reversal of a conviction in a criminal case on the 1-3 grounds of service by a disqualified juror. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Chapter 44, Code of Criminal Procedure, is 1-6 amended by adding Article 44.46 to read as follows: 1-7 Art. 44.46. REVERSAL OF CONVICTION ON THE BASIS OF SERVICE 1-8 ON JURY BY A DISQUALIFIED JUROR. A conviction in a criminal case 1-9 may be reversed on appeal on the ground that a juror in the case 1-10 was absolutely disqualified from service under Article 35.19 of 1-11 this code only if: 1-12 (1) the defendant raises the disqualification before 1-13 the verdict is entered; or 1-14 (2) the disqualification was not discovered or brought 1-15 to the attention of the trial court until after the verdict was 1-16 entered and the defendant makes a showing of significant harm by 1-17 the service of the disqualified juror. 1-18 SECTION 2. The change in law made by this Act applies only 1-19 to the trial of an offense that begins on or after the effective 1-20 date of this Act. A trial for an offense that begins before the 1-21 effective date of this Act is governed by the law in effect at the 1-22 time the trial begins. 1-23 SECTION 3. This Act takes effect September 1, 1993. 1-24 SECTION 4. The importance of this legislation and the 2-1 crowded condition of the calendars in both houses create an 2-2 emergency and an imperative public necessity that the 2-3 constitutional rule requiring bills to be read on three several 2-4 days in each house be suspended, and this rule is hereby suspended.