By: Wentworth S.B. No. 1348
A BILL TO BE ENTITLED
AN ACT
1-1 relating to a jury's right to determine the law in criminal and
1-2 certain civil cases.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Article 36.13, Code of Criminal Procedure, is
1-5 amended to read as follows:
1-6 Art. 36.13. JURY IS JUDGE OF FACTS AND LAW. (a) Unless
1-7 otherwise provided in this Code, the jury is the exclusive judge of
1-8 the facts. The jury<, but it> is bound to receive the law from the
1-9 court and be governed thereby, except if a jury determines that a
1-10 defendant is guilty according to the law and that the law is unjust
1-11 or unjustly applied to the defendant, the jury may determine not to
1-12 apply the law to the defendant and find the defendant not guilty or
1-13 guilty of a lesser include offense.
1-14 (b) Before a jury hears a case, and again before the jury
1-15 deliberates in the case, the court shall instruct the jury as
1-16 follows: "If you determine that the defendant is guilty according
1-17 to law, you may apply the law to the defendant and find the
1-18 defendant guilty. You may also consider the motives and
1-19 circumstances of the defendant, the extent to which the defendant's
1-20 actions injured another person, the merits of the law itself, and
1-21 the wisdom of applying the law to the defendant in the case before
1-22 you. If finding the defendant guilty according to the law would
1-23 violate your conscience or sense of justice, you may determine not
2-1 to apply the law to the defendant and find the defendant not guilty
2-2 or you may find the defendant guilty of a lesser included offense."
2-3 (c) The court shall allow any party to the trial to present
2-4 to the jury, for its consideration, evidence and testimony relating
2-5 to the motives and circumstances of the defendant and the extent to
2-6 which he actually harmed another person. Any party to the trial
2-7 may also present to the jury arguments regarding the spirit,
2-8 intent, merits, and constitutionality of the law itself and its
2-9 applicability to the case at hand.
2-10 (d) A potential juror may not be excused or disqualified
2-11 from serving on a jury because the juror expresses a willingness to
2-12 evaluate the law or its application, to vote on the verdict
2-13 according to conscience or sense of justice, or to consider
2-14 testimony or evidence allowed in this article.
2-15 (e) On motion of the state or the defendant, a court that
2-16 failed to provide the instruction required by this article, or
2-17 failed to follow any other rule of procedure of this article shall
2-18 declare a mistrial in the case.
2-19 SECTION 2. Subtitle B, Title 2, Civil Practices and Remedies
2-20 Code, is amended by adding Chapter 24 to read as follows:
2-21 CHAPTER 24. JURY POWERS IN CERTAIN GOVERNMENTAL PROCEEDINGS
2-22 Sec. 24.001. DEFINITION. In this chapter, "governmental
2-23 agency" means:
2-24 (1) this state and any institution, agency, or organ
2-25 of government established by the constitution or laws of this
3-1 state, including any department, bureau, board, commission, office,
3-2 or council of this state; and
3-3 (2) a political subdivision of this state, including
3-4 any county, municipality, district, or authority, and any agency of
3-5 a political subdivision.
3-6 Sec. 24.002. SCOPE OF CHAPTER. (a) This chapter applies
3-7 only to an action in which a governmental agency, as party to a
3-8 civil action, seeks to collect a civil or administrative penalty.
3-9 (b) This chapter applies only to an action tried to a jury
3-10 under applicable law. This chapter does not create a right to a
3-11 jury.
3-12 Sec. 24.003. POWER TO NOT APPLY LAW. If a jury determines
3-13 that a party is liable according to the law and the law is unjust
3-14 or unjustly applied to the party, the jury may determine not to
3-15 apply the law to the party and find the party not liable.
3-16 Sec. 24.004. JURY INSTRUCTION. (a) Before a jury hears any
3-17 action to which this chapter applies, and again before the jury
3-18 deliberates in the action, the court shall instruct the jury as
3-19 follows: "If you determine that a party is liable according to
3-20 law, you may apply the law to the party and find the party liable.
3-21 You may also consider the motives and circumstances of the party,
3-22 the extent to which the party's actions injured another person, the
3-23 merits of the law itself, and the wisdom of applying the law to the
3-24 party in the case before you. If finding the party liable
3-25 according to the law would violate your conscience or sense of
4-1 justice, you may determine not to apply the law to the party or you
4-2 may apply the law to the party and find the party liable for an
4-3 amount less than the amount required by the law."
4-4 (b) The court shall allow any party to the trial to present
4-5 to the jury, for its consideration, evidence and testimony relating
4-6 to the motives and circumstances of the defendant and the extent to
4-7 which he actually harmed another person. Any party to the trial
4-8 may also present to the jury arguments regarding the spirit,
4-9 intent, merits, and constitutionality of the law itself and its
4-10 applicability to the case at hand.
4-11 (c) A potential juror may not be excused or disqualified
4-12 from serving on a jury because the juror expresses a willingness to
4-13 evaluate the law or its application, to vote on the verdict
4-14 according to conscience or sense of justice, or to consider
4-15 testimony or evidence allowed in this article.
4-16 (d) On motion of a party, a court that failed to provide the
4-17 instruction required by this section, or failed to follow the rules
4-18 of procedure of this article shall declare a mistrial in the
4-19 action.
4-20 Sec. 24.005. CONFLICT WITH TEXAS RULES OF CIVIL PROCEDURE.
4-21 Notwithstanding Section 22.004, Government Code, this chapter may
4-22 not be modified or repealed by a rule adopted by the supreme court.
4-23 SECTION 3. The change in law made by this Act applies only
4-24 to a jury sworn on or after the effective date of this Act.
4-25 SECTION 4. This Act takes effect September 1, 1993.
5-1 SECTION 5. The importance of this legislation and the
5-2 crowded condition of the calendars in both houses create an
5-3 emergency and an imperative public necessity that the
5-4 constitutional rule requiring bills to be read on three several
5-5 days in each house be suspended, and this rule is hereby suspended.