By: Shapiro S.B. No. 1316
A BILL TO BE ENTITLED
AN ACT
1-1 relating to voir dire examinations.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Article 35.17, Code of Criminal Procedure, is
1-4 amended to read as follows:
1-5 Art. 35.17. VOIR DIRE EXAMINATION <1.> When the court in
1-6 its discretion so directs, except as provided in Section 2, the
1-7 state and defendant shall conduct the voir dire examination of
1-8 prospective jurors in the presence of the entire panel.
1-9 <2. In a capital felony case in which the State seeks
1-10 the death penalty, the court shall propound to the entire panel of
1-11 prospective jurors questions concerning the principles, as
1-12 applicable to the case on trial, of reasonable doubt, burden of
1-13 proof, return of indictment by grand jury, presumption of
1-14 innocence, and opinion. Then, on demand of the State or defendant,
1-15 either is entitled to examine each juror on voir dire individually
1-16 and apart from the entire panel, and may further question the juror
1-17 on the principles propounded by the court.>
1-18 SECTION 2. This Act takes effect September 1, 1993.
1-19 SECTION 3. The change in law made by this Act applies only
1-20 to voir dire examinations conducted on or after the effective date
1-21 of this Act. Voir dire examinations conducted before the effective
1-22 date of this Act are covered by the law in effect when the
1-23 examination was conducted, and the former law is continued in
2-1 effect for this purpose.
2-2 SECTION 4. The importance of this legislation and the
2-3 crowded condition of the calendars in both houses create an
2-4 emergency and an imperative public necessity that the
2-5 constitutional rule requiring bills to be read on three several
2-6 days in each house be suspended, and this rule is hereby suspended.