By Hunter of Nueces                                    H.B. No. 298
       74R1574 GWK-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to peremptory challenges to prospective jurors in criminal
    1-3  cases.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Subsections (a) and (b), Article 35.15, Code of
    1-6  Criminal Procedure, are amended to read as follows:
    1-7        (a)  In capital cases in which the State seeks the death
    1-8  penalty both the State and defendant shall be entitled to 10
    1-9  <fifteen> peremptory challenges.  Where two or more defendants are
   1-10  tried together, the State shall be entitled to five <eight>
   1-11  peremptory challenges for each defendant; and each defendant shall
   1-12  be entitled to five <eight> peremptory challenges.
   1-13        (b)  In non-capital felony cases and in capital cases in
   1-14  which the State does not seek the death penalty, the State and
   1-15  defendant shall each be entitled to six <ten> peremptory
   1-16  challenges.  If two or more defendants are tried together each
   1-17  defendant shall be entitled to three <six> peremptory challenges
   1-18  and the State to three <six> for each defendant.
   1-19        SECTION 2.  The change in law made by this Act applies only
   1-20  to the trial of an offense that commences on or after the effective
   1-21  date of this Act.  The trial of an offense that commences before
   1-22  the effective date of this Act is covered by the law in effect when
   1-23  the trial commences, and the former law is continued in effect for
   1-24  this purpose.
    2-1        SECTION 3.  This Act takes effect September 1, 1995.
    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.