By Luna S.B. No. 264
74R2476 MLR-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to jury service by deaf or hearing impaired persons.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 62.1041, Government Code, is amended to
1-5 read as follows:
1-6 Sec. 62.1041. DEAF OR HEARING IMPAIRED JUROR
1-7 <DISQUALIFICATION FOR DEAFNESS>. (a) A deaf or hearing impaired
1-8 person is not disqualified to serve as a juror solely because of
1-9 deafness except as provided by this section.
1-10 (b) A deaf person is disqualified to serve as a juror if, in
1-11 the opinion of the court, his deafness renders him unfit to serve
1-12 as a juror in that particular case.
1-13 (c) On request of a deaf or hearing impaired person summoned
1-14 or selected for a jury panel, the court shall appoint a qualified
1-15 interpreter to assist that person, by interpreting the proceedings
1-16 in any language the person can understand, during:
1-17 (1) voir dire examination; and
1-18 (2) the trial and jury deliberations, if the person is
1-19 selected as a juror in the case.
1-20 (d) An interpreter appointed under this section shall take
1-21 an oath that the interpreter will:
1-22 (1) make a true and faithful interpretation to the
1-23 deaf or hearing impaired person of all the proceedings in the case
1-24 and conversation by other jurors during jury deliberations; and
2-1 (2) repeat the deaf or hearing impaired person's
2-2 answers to questions to counsel, the court, or other jurors, in the
2-3 English language, in the interpreter's best skill and judgment.
2-4 (e) An interpreter appointed under this section is entitled
2-5 to a reasonable fee determined by the court after considering the
2-6 recommendations of the Texas Commission for the Deaf and Hearing
2-7 Impaired. If the interpreter is required to travel, all actual
2-8 expenses of travel, lodging, and meals incurred by the interpreter
2-9 relating to the case shall be paid at the rate applicable to
2-10 payment of those expenses by the state for state employees. The
2-11 county shall pay out of the general fund of the county the fee and
2-12 expenses of the interpreter.
2-13 (f) In this section:
2-14 (1) "Deaf or hearing impaired" means having a hearing
2-15 impairment, regardless of the existence of a speech impairment,
2-16 that inhibits comprehension of an examination or proceeding or
2-17 communication with others.
2-18 (2) "Qualified interpreter" means an interpreter for
2-19 the deaf who holds a Reverse Skills Certificate, Comprehensive
2-20 Skills Certificate, Master's Comprehensive Skills Certificate, or
2-21 Legal Skills Certificate issued by the National Registry of
2-22 Interpreters for the Deaf or a Level III, IV, or V Certificate
2-23 issued by the Board for Evaluation of Interpreters<, "deaf person"
2-24 has the meaning given by Section 21.001, Civil Practice and
2-25 Remedies Code>.
2-26 SECTION 2. This Act takes effect September 1, 1995, and
2-27 applies only to persons summoned to appear for jury service or
3-1 selected for jury service on or after that date.
3-2 SECTION 3. 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.