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.