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.