By: Brown S.B. No. 110
73R1101 DRH-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the peremptory challenge of a juror in a criminal case
1-3 based on an unconstitutional purpose.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Article 35.261, Code of Criminal Procedure, is
1-6 amended to read as follows:
1-7 Art. 35.261. PEREMPTORY CHALLENGES BASED ON UNCONSTITUTIONAL
1-8 PURPOSE <RACE PROHIBITED>. (a) After the parties have delivered
1-9 their lists to the clerk under Article 35.26 of this code and
1-10 before the court has impanelled the jury, the attorney representing
1-11 the state or the defendant may request the court to disallow a
1-12 peremptory challenge <dismiss the array and call a new array in the
1-13 case>. The court shall grant the motion of the moving party <of a
1-14 defendant> for disallowing the use of a peremptory challenge
1-15 <dismissal of the array> if the court determines <that the
1-16 defendant is a member of an identifiable racial group,> that the
1-17 opposing party <attorney representing the state> exercised the
1-18 peremptory challenge <challenges> for a purpose that violates the
1-19 United States or Texas Constitution <the purpose of excluding
1-20 persons from the jury on the basis of their race>, and that the
1-21 moving party <defendant> has offered evidence of relevant facts
1-22 that tends <tend> to show that the challenge <challenges> made by
1-23 the opposing party was <attorney representing the state were> made
1-24 for an unconstitutional purpose <reasons based on race>. If the
2-1 moving party <defendant> establishes a prima facie case, the burden
2-2 then shifts to the opposing party <attorney representing the state>
2-3 to give a permissible <racially neutral> explanation for the
2-4 challenge <challenges>. The burden of persuasion remains with the
2-5 moving party <defendant> to establish that the challenge was made
2-6 for an unconstitutional purpose <purposeful discrimination>.
2-7 (b) If the court determines that the opposing party
2-8 <attorney representing the state> challenged a prospective juror
2-9 <jurors> on the basis of a purpose that violates the United States
2-10 or Texas Constitution <race>, the court shall disallow the
2-11 peremptory challenge <call a new array in the case>.
2-12 SECTION 2. (a) The change in law made by this Act applies
2-13 only to a criminal trial that commences on or after the effective
2-14 date of this Act.
2-15 (b) A trial that commences before the effective date of this
2-16 Act is covered by the law in effect when the trial commenced, and
2-17 the former law is continued in effect for this purpose.
2-18 SECTION 3. This Act takes effect September 1, 1993.
2-19 SECTION 4. The importance of this legislation and the
2-20 crowded condition of the calendars in both houses create an
2-21 emergency and an imperative public necessity that the
2-22 constitutional rule requiring bills to be read on three several
2-23 days in each house be suspended, and this rule is hereby suspended.