By Kamel H.B. No. 2951
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to electronic selection and summoning of a "special
1-3 venire" jury panel in a capital case.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Article 34.01, Code of Criminal Procedure, is
1-6 amended to read as follows:
1-7 Article 34.01. Special Venire. A "special venire" is a writ
1-8 issued in a capital case by order of the district court, commanding
1-9 the sheriff to summon either verbally or by mail such a number of
1-10 persons, not less than 50, as the court may order, or as authorized
1-11 by a plan for electronic jury selection by Section 62.011,
1-12 Government Code, to appear before the court on a day named in the
1-13 writ from whom the jury for the trial of such case is to be
1-14 selected. Where as many as one hundred jurors have been selected
1-15 in such county for regular service for the week in which such
1-16 capital case is set for trial, the judge of the court having
1-17 jurisdiction of a capital case in which a motion for a special
1-18 venire has been made, shall grant or refuse such motion for a
1-19 special venire, and upon such refusal require the case to be tried
1-20 by regular jurors summoned for service in such county for the week
1-21 in which such capital case is set for trial and such additional
1-22 talesman as may be summoned by the sheriff upon order of the court
1-23 as provided in Article 34.02 of this Code, or as authorized by a
2-1 plan for electronic jury selection by Section 62.011, Government
2-2 Code, but the clerk of such court shall furnish the defendant or
2-3 his counsel a list of the persons summoned as provided in Article
2-4 34.04.
2-5 SECTION 2. This Act takes effect September 1, 1995.
2-6 SECTION 3. The importance of this legislation and the
2-7 crowded condition of the calendars in both houses create an
2-8 emergency and an imperative public necessity that the
2-9 constitutional rule requiring bills to be read on three several
2-10 days in each house be suspended, and this rule is hereby suspended.