1-1 By: Brown S.B. No. 110
1-2 (In the Senate - Filed January 14, 1993; January 19, 1993,
1-3 read first time and referred to Committee on Criminal Justice;
1-4 May 5, 1993, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 6, Nays 0; May 5, 1993,
1-6 sent to printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Whitmire x
1-10 Brown x
1-11 Nelson x
1-12 Sibley x
1-13 Sims x
1-14 Turner x
1-15 West x
1-16 COMMITTEE SUBSTITUTE FOR S.B. No. 110 By: Sibley
1-17 A BILL TO BE ENTITLED
1-18 AN ACT
1-19 relating to the peremptory challenge of a juror in a criminal case
1-20 based on race.
1-21 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-22 SECTION 1. Article 35.261, Code of Criminal Procedure, is
1-23 amended to read as follows:
1-24 Art. 35.261. PEREMPTORY CHALLENGES BASED ON RACE
1-25 PROHIBITED. (a) After the parties have delivered their lists to
1-26 the clerk under Article 35.26 of this code and before the court has
1-27 impanelled the jury, the attorney representing the state or the
1-28 defendant may request the court to disallow a peremptory challenge
1-29 or dismiss the array and call a new array in the case. The court
1-30 shall grant the motion of the moving party <of a defendant> for
1-31 disallowing the use of a peremptory challenge or dismissal of the
1-32 array if the court determines <that the defendant is a member of an
1-33 identifiable racial group,> that the opposing party <attorney
1-34 representing the state> exercised the peremptory challenge
1-35 <challenges> for the purpose of excluding a person <persons> from
1-36 the jury on the basis of the person's <their> race<,> and that the
1-37 moving party <defendant> has offered evidence of relevant facts
1-38 that tends <tend> to show that the challenge <challenges> made by
1-39 the opposing party was <attorney representing the state were> made
1-40 for reasons based on race. If the moving party <defendant>
1-41 establishes a prima facie case, the burden then shifts to the
1-42 opposing party <attorney representing the state> to give a racially
1-43 neutral explanation for the challenge <challenges>. The burden of
1-44 persuasion remains with the moving party <defendant> to establish
1-45 purposeful discrimination.
1-46 (b) If the court determines that the opposing party
1-47 <attorney representing the state> challenged a prospective juror
1-48 <jurors> on the basis of race, the court shall either disallow the
1-49 peremptory challenge or call a new array in the case.
1-50 (c) If the court disallows the use of a peremptory challenge
1-51 under this article, the party making the peremptory challenge may
1-52 not exercise another peremptory challenge in place of the
1-53 disallowed challenge.
1-54 SECTION 2. (a) The change in law made by this Act applies
1-55 only to a criminal trial that commences on or after the effective
1-56 date of this Act.
1-57 (b) A trial that commences before the effective date of this
1-58 Act is covered by the law in effect when the trial commenced, and
1-59 the former law is continued in effect for this purpose.
1-60 SECTION 3. This Act takes effect September 1, 1993.
1-61 SECTION 4. The importance of this legislation and the
1-62 crowded condition of the calendars in both houses create an
1-63 emergency and an imperative public necessity that the
1-64 constitutional rule requiring bills to be read on three several
1-65 days in each house be suspended, and this rule is hereby suspended.
1-66 * * * * *
1-67 Austin,
1-68 Texas
2-1 May 5, 1993
2-2 Hon. Bob Bullock
2-3 President of the Senate
2-4 Sir:
2-5 We, your Committee on Criminal Justice to which was referred S.B.
2-6 No. 110, have had the same under consideration, and I am instructed
2-7 to report it back to the Senate with the recommendation that it do
2-8 not pass, but that the Committee Substitute adopted in lieu thereof
2-9 do pass and be printed.
2-10 Whitmire,
2-11 Chairman
2-12 * * * * *
2-13 WITNESSES
2-14 FOR AGAINST ON
2-15 ___________________________________________________________________
2-16 Name: Dale Summa x
2-17 Representing: Brazoria County DA's Office
2-18 City: Angleton
2-19 -------------------------------------------------------------------
2-20 Name: Knox Fitzpatrick x
2-21 Representing: Dallas DA's Office
2-22 City: Dallas
2-23 -------------------------------------------------------------------
2-24 Name: Lon Curtis x
2-25 Representing: TDCAA
2-26 City: Belton
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