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.