1-1     By:  Barrientos                                       S.B. No. 1083

 1-2           (In the Senate - Filed March 10, 1997; March 12, 1997, read

 1-3     first time and referred to Committee on Jurisprudence;

 1-4     March 25, 1997, reported favorably by the following vote:  Yeas 6,

 1-5     Nays 0; March 25, 1997, sent to printer.)

 1-6                            A BILL TO BE ENTITLED

 1-7                                   AN ACT

 1-8     relating to the drawing of names of prospective jurors.

 1-9           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-10           SECTION 1.  Subsections (a), (b), (c), and (d), Section

1-11     62.004, Government Code, are amended to read as follows:

1-12           (a)  The county clerk and the sheriff of the county shall

1-13     draw the names of the prospective jurors for a county court from

1-14     the jury wheel in the presence and under the direction of the

1-15     county judge.  The district clerk and the sheriff or any constable

1-16     of the county shall draw the names of the prospective jurors for a

1-17     justice or a district court from the jury wheel in the presence and

1-18     under the direction of the district judge.

1-19           (b)  The county or district clerk and the sheriff or

1-20     constable shall draw the names of prospective jurors from the jury

1-21     wheel after the wheel has been turned to thoroughly mix the jury

1-22     wheel cards and shall draw the names one by one if so directed by

1-23     the judge in whose presence the names are drawn.  The names of

1-24     prospective jurors shall be drawn at least 10 days before the first

1-25     day of the term of court.

1-26           (c)  The county or district clerk and the sheriff or

1-27     constable shall draw as many jury lists as are required for the

1-28     term of court.  They shall record the names that are drawn on as

1-29     many lists as the judge in whose presence the names are drawn

1-30     considers necessary to ensure an adequate number of jurors for the

1-31     term.

1-32           (d)  A deputy may represent the county or district clerk or

1-33     the sheriff or constable at the drawing.  Other persons may be

1-34     present only as provided by this subchapter.

1-35           SECTION 2.  Subsection (b), Section 62.015, Government Code,

1-36     is amended to read as follows:

1-37           (b)  If the court at any time does not have a sufficient

1-38     number of prospective jurors present whose names are on the jury

1-39     lists and who are not excused by the judge from jury service, the

1-40     judge shall order the sheriff or constable to summon additional

1-41     prospective jurors to provide the requisite number of jurors for

1-42     the panel.  The names of additional jurors to be summoned by the

1-43     sheriff or constable to fill a jury panel shall be drawn from the

1-44     jury wheel under orders of the judge.  Additional jurors summoned

1-45     to fill a jury panel shall be discharged when their services are no

1-46     longer required.

1-47           SECTION 3.  The importance of this legislation and the

1-48     crowded condition of the calendars in both houses create an

1-49     emergency and an imperative public necessity that the

1-50     constitutional rule requiring bills to be read on three several

1-51     days in each house be suspended, and this rule is hereby suspended,

1-52     and that this Act take effect and be in force from and after its

1-53     passage, and it is so enacted.

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