By Nelson S.B. No. 555 74R463 GWK-F A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to voir dire examinations in criminal cases. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Article 35.17, Code of Criminal Procedure, is 1-5 amended by adding Subsections 3 and 4 to read as follows: 1-6 3. A prospective juror may refuse to answer a question 1-7 propounded under this article on the grounds that the question 1-8 violates the prospective juror's privacy. On the refusal of the 1-9 prospective juror to answer the question, the judge shall determine 1-10 whether the question is relevant to the case. If the judge 1-11 determines that the question is not relevant to the case, the judge 1-12 shall order the question withdrawn. If the judge determines that 1-13 the question is relevant to the case, the judge may request the 1-14 prospective juror to answer the question. If the prospective juror 1-15 refuses the judge's request to answer the question, the judge shall 1-16 disqualify the prospective juror from serving on the panel. The 1-17 disqualification of a prospective juror under this subsection is 1-18 not a peremptory challenge for the purposes of Article 35.15 of 1-19 this code. 1-20 4. If questions to prospective jurors are propounded by 1-21 means of a questionnaire, the judge shall ensure that the names and 1-22 responses of the prospective jurors remain confidential by 1-23 assigning identifying and matching numbers to each prospective 1-24 juror and the questionnaire that the prospective juror completes. 2-1 SECTION 2. Article 35.29, Code of Criminal Procedure, is 2-2 amended to read as follows: 2-3 Art. 35.29. Personal information about jurors AND 2-4 PROSPECTIVE JURORS. Information collected by the court or by a 2-5 prosecuting attorney during the jury selection process about a 2-6 person who serves as a juror or is a prospective juror, including 2-7 the juror's or prospective juror's home address, home telephone 2-8 number, social security number, driver's license number, answers to 2-9 a questionnaire completed during the voir dire process, and other 2-10 personal information, is confidential and may not be disclosed by 2-11 the court, the prosecuting attorney, the defense counsel, or any 2-12 court personnel except on application by a party in the trial or on 2-13 application by a bona fide member of the news media acting in such 2-14 capacity to the court in which the person was a prospective juror 2-15 or is serving or did serve as a juror. On a showing of good cause, 2-16 the court shall permit disclosure of the information sought. 2-17 SECTION 3. The change in law made by this Act applies only 2-18 to a voir dire examination commenced on or after the effective date 2-19 of this Act. A voir dire examination commenced before the 2-20 effective date of this Act is covered by the law in effect when the 2-21 examination commenced, and the former law is continued in effect 2-22 for this purpose. 2-23 SECTION 4. This Act takes effect September 1, 1995. 2-24 SECTION 5. The importance of this legislation and the 2-25 crowded condition of the calendars in both houses create an 2-26 emergency and an imperative public necessity that the 2-27 constitutional rule requiring bills to be read on three several 3-1 days in each house be suspended, and this rule is hereby suspended.