1-1  By:  Sibley                                             S.B. No. 46
    1-2        (In the Senate - Filed November 24, 1992; January 13, 1993,
    1-3  read first time and referred to Committee on Criminal Justice;
    1-4  February 23, 1993, reported favorably by the following vote:  Yeas
    1-5  6, Nays 0; February 23, 1993, sent to printer.)
    1-6                            COMMITTEE VOTE
    1-7                          Yea     Nay      PNV      Absent 
    1-8        Whitmire           x                               
    1-9        Brown              x                               
   1-10        Nelson                                         x   
   1-11        Sibley             x                               
   1-12        Sims               x                               
   1-13        Turner             x                               
   1-14        West               x                               
   1-15                         A BILL TO BE ENTITLED
   1-16                                AN ACT
   1-17  relating to a reversal of a conviction in a criminal case on the
   1-18  grounds of service by a disqualified juror.
   1-19        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-20        SECTION 1.  Chapter 44, Code of Criminal Procedure, is
   1-21  amended by adding Article 44.46 to read as follows:
   1-22        Art. 44.46.  REVERSAL OF CONVICTION ON THE BASIS OF SERVICE
   1-23  ON JURY BY A DISQUALIFIED JUROR.  A conviction in a criminal case
   1-24  may be reversed on appeal on the ground that a juror in the case
   1-25  was absolutely disqualified from service under Article 35.19 of
   1-26  this code only if:
   1-27              (1)  the defendant raises the disqualification before
   1-28  the verdict is entered; or
   1-29              (2)  the disqualification was not discovered or brought
   1-30  to the attention of the trial court until after the verdict was
   1-31  entered and the defendant makes a showing of significant harm by
   1-32  the service of the disqualified juror.
   1-33        SECTION 2.  The change in law made by this Act applies only
   1-34  to the trial of an offense that begins on or after the effective
   1-35  date of this Act.  A trial for an offense that begins before the
   1-36  effective date of this Act is governed by the law in effect at the
   1-37  time the trial begins.
   1-38        SECTION 3.  This Act takes effect September 1, 1993.
   1-39        SECTION 4.  The importance of this legislation and the
   1-40  crowded condition of the calendars in both houses create an
   1-41  emergency and an imperative public necessity that the
   1-42  constitutional rule requiring bills to be read on three several
   1-43  days in each house be suspended, and this rule is hereby suspended.
   1-44                               * * * * *
   1-45                                                         Austin,
   1-46  Texas
   1-47                                                         February 23,
   1-48  1993
   1-49  Hon. Bob Bullock
   1-50  President of the Senate
   1-51  Sir:
   1-52  We, your Committee on Criminal Justice to which was referred S.B.
   1-53  No. 46, have had the same under consideration, and I am instructed
   1-54  to report it back to the Senate with the recommendation that it do
   1-55  pass and be printed.
   1-56                                                         Whitmire,
   1-57  Chairman
   1-58                               * * * * *
   1-59                               WITNESSES
   1-60  No witnesses appeared on S.B. No. 46.