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1-12 shall order the question withdrawn.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.