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.