By Hudson H.B. No. 2435
74R7789 MLR-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to qualifications for jury service.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Article 35.16(a), Code of Criminal Procedure, is
1-5 amended to read as follows:
1-6 (a) A challenge for cause is an objection made to a
1-7 particular juror, alleging some fact which renders him incapable or
1-8 unfit to serve on the jury. A challenge for cause may be made by
1-9 either the state or the defense for any one of the following
1-10 reasons:
1-11 1. That he is not a qualified voter in this state and
1-12 county under the Constitution and laws of the state; provided,
1-13 however, the failure to register to vote shall not be a
1-14 disqualification;
1-15 2. That he has been convicted of <theft or> any
1-16 felony;
1-17 3. That he is under indictment or other legal
1-18 accusation for <theft or> any felony;
1-19 4. That he is insane;
1-20 5. That he has such defect in the organs of feeling or
1-21 hearing, or such bodily or mental defect or disease as to render
1-22 him unfit for jury service, or that he is legally blind and the
1-23 court in its discretion is not satisfied that he is fit for jury
1-24 service in that particular case;
2-1 6. That he is a witness in the case;
2-2 7. That he served on the grand jury which found the
2-3 indictment;
2-4 8. That he served on a petit jury in a former trial of
2-5 the same case;
2-6 9. That he has a bias or prejudice in favor of or
2-7 against the defendant;
2-8 10. That from hearsay, or otherwise, there is
2-9 established in the mind of the juror such a conclusion as to the
2-10 guilt or innocence of the defendant as would influence him in his
2-11 action in finding a verdict. To ascertain whether this cause of
2-12 challenge exists, the juror shall first be asked whether, in his
2-13 opinion, the conclusion so established will influence his verdict.
2-14 If he answers in the affirmative, he shall be discharged without
2-15 further interrogation by either party or the court. If he answers
2-16 in the negative, he shall be further examined as to how his
2-17 conclusion was formed, and the extent to which it will affect his
2-18 action; and, if it appears to have been formed from reading
2-19 newspaper accounts, communications, statements or reports or mere
2-20 rumor or hearsay, and if the juror states that he feels able,
2-21 notwithstanding such opinion, to render an impartial verdict upon
2-22 the law and the evidence, the court, if satisfied that he is
2-23 impartial and will render such verdict, may, in its discretion,
2-24 admit him as competent to serve in such case. If the court, in its
2-25 discretion, is not satisfied that he is impartial, the juror shall
2-26 be discharged;
2-27 11. That he cannot read or write.
3-1 No juror shall be impaneled when it appears that he is
3-2 subject to the second, third or fourth grounds of challenge for
3-3 cause set forth above, although both parties may consent. All
3-4 other grounds for challenge may be waived by the party or parties
3-5 in whose favor such grounds of challenge exist.
3-6 In this subsection "legally blind" shall mean having not more
3-7 than 20/200 of visual acuity in the better eye with correcting
3-8 lenses, or visual acuity greater than 20/200 but with a limitation
3-9 in the field of vision such that the widest diameter of the visual
3-10 field subtends an angle no greater than 20 degrees.
3-11 SECTION 2. Section 62.102, Government Code, is amended to
3-12 read as follows:
3-13 Sec. 62.102. General Qualifications for Jury Service. A
3-14 person is disqualified to serve as a petit juror unless he:
3-15 (1) is at least 18 years of age;
3-16 (2) is a citizen of this state and of the county in
3-17 which he is to serve as a juror;
3-18 (3) is qualified under the constitution and laws to
3-19 vote in the county in which he is to serve as a juror;
3-20 (4) is of sound mind and good moral character;
3-21 (5) is able to read and write;
3-22 (6) has not served as a petit juror for six days
3-23 during the preceding three months in the county court or during the
3-24 preceding six months in the district court;
3-25 (7) has not been convicted of a felony; and
3-26 (8) is not under indictment or other legal accusation
3-27 for <of misdemeanor or felony theft or> any <other> felony.
4-1 SECTION 3. (a) This Act takes effect September 1, 1995.
4-2 (b) The change in law made by this Act applies only to a
4-3 person summoned to appear for jury service on or after the
4-4 effective date of this Act.
4-5 SECTION 4. The importance of this legislation and the
4-6 crowded condition of the calendars in both houses create an
4-7 emergency and an imperative public necessity that the
4-8 constitutional rule requiring bills to be read on three several
4-9 days in each house be suspended, and this rule is hereby suspended.