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.