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.