By Dutton H.B. No. 1814
75R5922 KEL-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to personal information about jurors.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Article 35.29, Code of Criminal Procedure, is
1-5 amended to read as follows:
1-6 Art. 35.29. PERSONAL INFORMATION ABOUT JURORS. (a)
1-7 Information collected by the court or by a prosecuting attorney
1-8 during the jury selection process about a person who serves as a
1-9 juror, including the juror's home address, home telephone number,
1-10 social security number, driver's license number, and other personal
1-11 information, is confidential and may not be disclosed by the court,
1-12 the prosecuting attorney, the defense counsel, or any court
1-13 personnel except on application by a party in the trial or on
1-14 application by a bona fide member of the news media acting in such
1-15 capacity to the court in which the person is serving or did serve
1-16 as a juror. On a showing of good cause, the court shall permit
1-17 disclosure of the information sought. A juror's name is not
1-18 confidential under this subsection.
1-19 (b) The name of a person who serves as a juror is a public
1-20 record except as provided by this subsection. When a jury is
1-21 selected, the court shall notify each newly impaneled juror that
1-22 the juror's name is a matter of public record and that the juror
1-23 may petition the court to preserve confidentiality of the juror's
1-24 name. At any time during the proceeding before the verdict is
2-1 returned, a juror may petition the court to preserve
2-2 confidentiality of the juror's name. If, during that time, a juror
2-3 petitions the court to preserve confidentiality of the juror's
2-4 name, the court shall allow the juror an opportunity for an in
2-5 camera examination. If during the examination the juror shows a
2-6 significant threat to the privacy or safety of the juror, the court
2-7 shall preserve confidentiality of the juror's name and shall
2-8 require the prosecuting attorney, defense counsel, and any court
2-9 personnel to preserve confidentiality of the juror's name.
2-10 SECTION 2. This Act takes effect September 1, 1997. The
2-11 change in law made by this Act applies only to a jury selected on
2-12 or after September 1, 1997. A jury selected before September 1,
2-13 1997, is covered by the law in effect when the jury was selected,
2-14 and the former law is continued in effect for that purpose.
2-15 SECTION 3. The importance of this legislation and the
2-16 crowded condition of the calendars in both houses create an
2-17 emergency and an imperative public necessity that the
2-18 constitutional rule requiring bills to be read on three several
2-19 days in each house be suspended, and this rule is hereby suspended.