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.