By Eiland H.B. No. 2061
74R5022 DD-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the qualifications for jury service.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Article 19.23, Code of Criminal Procedure, is
1-5 amended to read as follows:
1-6 Art. 19.23. MODE OF TEST. In trying the qualifications of
1-7 any person to serve as a grand juror, he shall be asked whether he
1-8 meets the qualifications for service under Article 19.08.<:>
1-9 <1. Are you a citizen of this state and county, and
1-10 qualified to vote in this county, under the Constitution and laws
1-11 of this state?>
1-12 <2. Are you able to read and write?>
1-13 <3. Have you ever been convicted of a felony?>
1-14 <4. Are you under indictment or other legal accusation
1-15 for theft or for any felony?>
1-16 SECTION 2. Article 35.12, Code of Criminal Procedure, is
1-17 amended to read as follows:
1-18 Art. 35.12. MODE OF TESTING. In testing the qualification
1-19 of a prospective juror after he has been sworn, he shall be asked
1-20 by the court, or under its direction whether he meets the
1-21 qualifications for service under Article 35.125.<:>
1-22 <1. Except for failure to register, are you a
1-23 qualified voter in this county and state under the Constitution and
1-24 laws of this state?>
2-1 <2. Have you ever been convicted of theft or any
2-2 felony?>
2-3 <3. Are you under indictment or legal accusation for
2-4 theft or any felony?>
2-5 SECTION 3. Chapter 35, Code of Criminal Procedure, is
2-6 amended by adding Article 35.125 to read as follows:
2-7 Art. 35.125. GENERAL QUALIFICATIONS FOR JURY SERVICE. A
2-8 person is disqualified to serve as a juror unless the person:
2-9 (1) is at least 18 years of age;
2-10 (2) is a citizen of this state and of the county in
2-11 which the person is to serve as a juror;
2-12 (3) is qualified under the constitution and laws to
2-13 vote in the county in which the person is to serve as a juror;
2-14 (4) is of sound mind and good moral character;
2-15 (5) is able to read and write;
2-16 (6) has not served as a juror for six days during the
2-17 preceding three months in the county court or during the preceding
2-18 six months in the district court;
2-19 (7) has not been convicted of a felony; and
2-20 (8) is not under indictment or other legal accusation
2-21 of misdemeanor or felony theft or any other felony.
2-22 SECTION 4. (a) The change in law made by this Act applies
2-23 only to a jury selection begun on or after the effective date of
2-24 this Act.
2-25 (b) A jury selection begun before the effective date of this
2-26 Act is covered by the law in effect when the selection began, and
2-27 the former law is continued in effect for that purpose.
3-1 SECTION 5. This Act takes effect September 1, 1995.
3-2 SECTION 6. The importance of this legislation and the
3-3 crowded condition of the calendars in both houses create an
3-4 emergency and an imperative public necessity that the
3-5 constitutional rule requiring bills to be read on three several
3-6 days in each house be suspended, and this rule is hereby suspended.