By Hartnett                                            H.B. No. 611
       74R3450 GWK-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to challenges for cause to prospective jurors in certain
    1-3  capital cases.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Article 35.16, Code of Criminal Procedure, is
    1-6  amended by adding Subsection (d) to read as follows:
    1-7        (d)  For the purposes of Subsection (b), in a capital case in
    1-8  which the state seeks the death penalty a prospective juror has a
    1-9  bias or prejudice against a phase of the law on which the state is
   1-10  entitled to rely for punishment if the prospective juror would
   1-11  require evidence in excess of the minimum evidence legally required
   1-12  to answer a special issue under Article 37.071 or 37.0711 in a
   1-13  manner beneficial to the state.
   1-14        SECTION 2.  The change in law made by this Act applies only
   1-15  to challenges for cause in a capital case in which the venire is
   1-16  summoned on or after the effective date of this Act.  If a venire
   1-17  in a capital case is summoned before the effective date of this
   1-18  Act, challenges for cause are covered by the law in effect when the
   1-19  venire was summoned, and the former law is continued in effect for
   1-20  that purpose.
   1-21        SECTION 3.  This Act takes effect September 1, 1995.
   1-22        SECTION 4.  The importance of this legislation and the
   1-23  crowded condition of the calendars in both houses create an
   1-24  emergency and an imperative public necessity that the
    2-1  constitutional rule requiring bills to be read on three several
    2-2  days in each house be suspended, and this rule is hereby suspended.