By West S.B. No. 922
74R6502 GWK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to peremptory challenges in criminal cases.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Article 35.261, Code of Criminal Procedure, is
1-5 amended to read as follows:
1-6 Art. 35.261. PEREMPTORY CHALLENGES BASED ON RACE, RELIGION,
1-7 OR GENDER PROHIBITED. (a) After the parties have delivered their
1-8 lists to the clerk under Article 35.26 of this code and before the
1-9 court has impanelled the jury, the defendant may request the court
1-10 to dismiss the array and call a new array in the case.
1-11 (b) The court shall grant the motion of a defendant for
1-12 dismissal of the array if the court determines that:
1-13 (1) the defendant is a member of an identifiable
1-14 racial group, <that> the attorney representing the state exercised
1-15 peremptory challenges for the purpose of excluding persons from the
1-16 jury on the basis of their race, and <that> the defendant has
1-17 offered evidence of relevant facts that tend to show that
1-18 challenges made by the attorney representing the state were made
1-19 for reasons based on race;
1-20 (2) the defendant is a member of an identifiable
1-21 religion, the attorney representing the state exercised peremptory
1-22 challenges for the purpose of excluding persons from the jury on
1-23 the basis of their religion, and the defendant has offered evidence
1-24 of relevant facts that tend to show that challenges made by the
2-1 attorney representing the state were made for reasons based on
2-2 religion; or
2-3 (3) the attorney representing the state exercised
2-4 peremptory challenges for the purpose of excluding persons from the
2-5 jury on the basis of their gender and the defendant has offered
2-6 evidence of relevant facts that tend to show that challenges made
2-7 by the attorney representing the state were made for reasons based
2-8 on gender.
2-9 (c) If the defendant establishes a prima facie case, the
2-10 burden then shifts to the attorney representing the state to give
2-11 an <a racially neutral> explanation for the challenges that is
2-12 neutral in terms of race, religion, or gender, as appropriate.
2-13 (d) The burden of persuasion remains with the defendant to
2-14 establish purposeful discrimination.
2-15 (e) <(b)> If the court determines that the attorney
2-16 representing the state challenged prospective jurors on the basis
2-17 of race, religion, or gender, as appropriate, the court shall call
2-18 a new array in the case.
2-19 SECTION 2. This Act takes effect on September 1, 1995, and
2-20 applies only to a criminal case in which the jury is summoned on or
2-21 after that date. A case in which a jury is summoned before the
2-22 effective date of this Act is covered by the law in effect when the
2-23 jury is summoned, and the former law is continued in effect for
2-24 that purpose.
2-25 SECTION 3. The importance of this legislation and the
2-26 crowded condition of the calendars in both houses create an
2-27 emergency and an imperative public necessity that the
3-1 constitutional rule requiring bills to be read on three several
3-2 days in each house be suspended, and this rule is hereby suspended.