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   1-12  shall order the question withdrawn.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.