By Longoria, Yarbrough H.B. No. 2514
74R3368 NSC-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to a jury's right to determine the law in criminal and
1-3 certain civil cases.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Article 36.13, Code of Criminal Procedure, is
1-6 amended to read as follows:
1-7 Art. 36.13. JURY IS JUDGE OF FACTS AND LAW. (a) Unless
1-8 otherwise provided in this Code, the jury is the exclusive judge of
1-9 the facts. The jury<, but it> is bound to receive the law from the
1-10 court and be governed thereby, except if a jury determines that a
1-11 defendant is guilty according to the law and that the law is unjust
1-12 or unjustly applied to the defendant, the jury may determine not to
1-13 apply the law to the defendant and find the defendant not guilty or
1-14 guilty of a lesser included offense.
1-15 (b) A defendant has the right to inform the jury of the
1-16 jury's power to judge the law and to vote on the verdict according
1-17 to conscience. The court or the state may not infringe on this
1-18 right. Failure to allow the defendant to inform the jury of the
1-19 jury's power is grounds for a mistrial.
1-20 (c) Notwithstanding any other law, the court shall allow any
1-21 party to the trial to present to the jury, for its consideration,
1-22 evidence and testimony relevant to the exercise of the jury's power
1-23 under this article, including evidence and testimony relating to:
1-24 (1) the merit, intent, constitutionality, or
2-1 applicability of the law in the case;
2-2 (2) the motives, moral perspective, or circumstances
2-3 of the defendant;
2-4 (3) the degree of guilt of the defendant or harm
2-5 caused by the defendant; or
2-6 (4) the punishment that may be imposed on the
2-7 defendant.
2-8 (d) A potential juror may not be excused or disqualified
2-9 from serving on a jury because the juror expresses a willingness to
2-10 exercise a power granted to the jury under this article.
2-11 SECTION 2. Subtitle B, Title 2, Civil Practice and Remedies
2-12 Code, is amended by adding Chapter 24 to read as follows:
2-13 CHAPTER 24. JURY POWERS IN CERTAIN GOVERNMENTAL PROCEEDINGS
2-14 Sec. 24.001. DEFINITION. In this chapter, "governmental
2-15 agency" means:
2-16 (1) this state and any institution, agency, or
2-17 component of government established by the constitution or laws of
2-18 this state, including any department, bureau, board, commission,
2-19 office, or council; and
2-20 (2) a political subdivision of this state, including
2-21 any county, municipality, district, or authority, and any agency of
2-22 a political subdivision.
2-23 Sec. 24.002. SCOPE OF CHAPTER. (a) This chapter applies
2-24 only to an action in which a governmental agency, as party to a
2-25 civil action, seeks to collect a civil or administrative penalty.
2-26 (b) This chapter applies only to an action tried to a jury
2-27 under applicable law. This chapter does not create a right to a
3-1 jury.
3-2 Sec. 24.003. POWER TO NOT APPLY LAW. If a jury determines
3-3 that a party is liable according to the law and the law is unjust
3-4 or unjustly applied to the party, the jury may determine not to
3-5 apply the law to the party and find the party not liable.
3-6 Sec. 24.004. RIGHT TO INFORM JURY. A party has the right to
3-7 inform the jury of the jury's power to judge the law and to vote on
3-8 the verdict according to conscience. The court or the opposing
3-9 party may not infringe on this right. Failure to allow a party to
3-10 inform the jury of the jury's power is grounds for a mistrial.
3-11 Sec. 24.005. EVIDENCE. Notwithstanding any other law, the
3-12 court shall allow any party to the trial to present to the jury,
3-13 for its consideration, evidence and testimony relevant to the
3-14 exercise of the jury's power under this chapter, including evidence
3-15 and testimony relating to:
3-16 (1) the merit, intent, constitutionality, or
3-17 applicability of the law in the case;
3-18 (2) the motives, moral perspective, or circumstances
3-19 of a party;
3-20 (3) the degree of liability of a party or harm caused
3-21 by the party; or
3-22 (4) the sanctions that may be imposed on a party.
3-23 Sec. 24.006. DISQUALIFICATION OF JUROR PROHIBITED. A
3-24 potential juror may not be excused or disqualified from serving on
3-25 a jury because the juror expresses a willingness to exercise a
3-26 power granted to the jury under this chapter.
3-27 Sec. 24.007. CONFLICT WITH TEXAS RULES OF CIVIL PROCEDURE.
4-1 Notwithstanding Section 22.004, Government Code, this chapter may
4-2 not be modified or repealed by a rule adopted by the supreme court.
4-3 SECTION 3. Article 35.16(b), Code of Criminal Procedure, is
4-4 amended to read as follows:
4-5 (b) A challenge for cause may be made by the State for any
4-6 of the following reasons:
4-7 1. That the juror has conscientious scruples in regard
4-8 to the infliction of the punishment of death for crime, in a
4-9 capital case, where the State is seeking the death penalty; or
4-10 2. That he is related within the third degree of
4-11 consanguinity or affinity, as determined under Article 5996h,
4-12 Revised Statutes, to the defendant<; and>
4-13 <3. That he has a bias or prejudice against any phase
4-14 of the law upon which the State is entitled to rely for conviction
4-15 or punishment>.
4-16 SECTION 4. The change in law made by this Act applies only
4-17 to a jury empaneled on or after the effective date of this Act.
4-18 SECTION 5. This Act takes effect September 1, 1995.
4-19 SECTION 6. The importance of this legislation and the
4-20 crowded condition of the calendars in both houses create an
4-21 emergency and an imperative public necessity that the
4-22 constitutional rule requiring bills to be read on three several
4-23 days in each house be suspended, and this rule is hereby suspended.