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.