By Patterson                                    S.B. No. 1667

      75R9351 SAW-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to a jury's role in criminal and certain civil cases.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Article 36.13, Code of Criminal Procedure, is

 1-5     amended to read as follows:

 1-6           Art. 36.13.  ROLE OF JURY [IS JUDGE OF FACTS].  (a)  Unless

 1-7     otherwise provided in this Code, the jury is the exclusive judge of

 1-8     the facts.  The jury[, but it] is bound to receive the law from the

 1-9     court and be governed thereby, except if a jury determines that a

1-10     defendant is guilty according to the law but that the law is unjust

1-11     or unjustly applied to the defendant, the jury may determine not to

1-12     apply the law to the defendant and find the defendant not guilty or

1-13     guilty of a lesser included offense.

1-14           (b)  A defendant has the right to inform the jury of the

1-15     jury's power to judge the law and to vote on the verdict according

1-16     to conscience. The court or the state may not infringe on this

1-17     right.  Failure to allow the defendant to inform the jury of the

1-18     jury's power is grounds for a mistrial.

1-19           (c)  Notwithstanding any other law, the court shall allow the

1-20     defendant to present to the jury, for its consideration, evidence

1-21     and testimony relevant to the exercise of the jury's power under

1-22     this article, including evidence and testimony relating to:

1-23                 (1)  the merit, intent, constitutionality, or

1-24     applicability of the law in the case;

 2-1                 (2)  the motives, moral perspective, or intent of the

 2-2     defendant;

 2-3                 (3)  the degree of guilt of the defendant or actual

 2-4     harm caused by the defendant; or

 2-5                 (4)  the punishment that may be imposed on the

 2-6     defendant.

 2-7           (d)  The state may rebut any evidence introduced under this

 2-8     article with evidence of a similar nature.

 2-9           SECTION 2.  Subtitle B, Title 2, Civil Practice and Remedies

2-10     Code, is amended by adding Chapter 24 to read as follows:

2-11        CHAPTER 24.  JURY POWERS IN CERTAIN GOVERNMENTAL PROCEEDINGS

2-12           Sec. 24.001.  DEFINITION.  In this chapter, "governmental

2-13     agency" means:

2-14                 (1)  this state and any institution, agency, or

2-15     component of government established by the constitution or laws of

2-16     this state, including any department, bureau, board, commission,

2-17     office, or council; or

2-18                 (2)  a political subdivision of this state, including

2-19     any county, municipality, district, or authority, and any agency of

2-20     a political subdivision.

2-21           Sec. 24.002.  SCOPE OF CHAPTER.  (a)  This chapter applies

2-22     only to an action in which a governmental agency, as party to a

2-23     civil action, seeks to collect or retain a civil or administrative

2-24     penalty.

2-25           (b)  This chapter applies only to an action tried to a jury

2-26     under applicable law.  This chapter does not create a right to a

2-27     jury.

 3-1           Sec. 24.003.  ROLE OF JURY.  (a)  If a jury determines that a

 3-2     party is liable according to the law but the law is unjust or

 3-3     unjustly applied to the party, the jury may determine not to apply

 3-4     the law to the party and find the party not liable.

 3-5           (b)  A party has the right to inform the jury of the jury's

 3-6     power to judge the law and to vote on the verdict according to

 3-7     conscience. The court or the opposing party may not infringe on

 3-8     this right.  Failure to allow a party to inform the jury of the

 3-9     jury's power is grounds for  granting a new trial.

3-10           Sec. 24.004.  EVIDENCE.   Notwithstanding any other law, the

3-11     court shall allow any party to the trial to present to the jury,

3-12     for its consideration, evidence and testimony relevant to the

3-13     exercise of the jury's power under this chapter, including evidence

3-14     and testimony relating to:

3-15                 (1)  the merit, intent, constitutionality, or

3-16     applicability of the law in the case;

3-17                 (2)  the motives, moral perspective, or intent of a

3-18     party;

3-19                 (3)  the degree of liability of a party or actual harm

3-20     caused by the party; or

3-21                 (4)  the sanctions that may be imposed on a party.

3-22           Sec. 24.005.  DISQUALIFICATION OF JUROR PROHIBITED.  A

3-23     potential juror may not be excused or disqualified from serving on

3-24     a jury because the juror expresses a willingness to exercise a

3-25     power of the jury under this chapter.

3-26           Sec. 24.006.  CONFLICT WITH TEXAS RULES OF CIVIL PROCEDURE.

3-27     Notwithstanding Section 22.004, Government Code, the supreme court

 4-1     may not amend or adopt rules in conflict with this chapter.

 4-2           SECTION 3.  Article 35.16, Code of Criminal Procedure, is

 4-3     amended by amending Subsection (b) and adding Subsection (d) to

 4-4     read as follows:

 4-5           (b)  A challenge for cause may be made by the State for any

 4-6     of the following reasons:

 4-7                 1.  That the juror has conscientious scruples in regard

 4-8     to the infliction of the punishment of death for crime, in a

 4-9     capital case, where the State is seeking the death penalty; or

4-10                 2.  That he is related within the third degree of

4-11     consanguinity or affinity, as determined under Chapter 573,

4-12     Government Code, to the defendant[; and]

4-13                 [3.  That he has a bias or prejudice against any phase

4-14     of the law upon which the State is entitled to rely for conviction

4-15     or punishment].

4-16           (d)  A potential juror may not be excused or disqualified

4-17     from serving on a jury because the juror expresses a willingness to

4-18     exercise a power of the jury under Article 36.13 of this code.

4-19           SECTION 4.  The change in law made by this Act applies only

4-20     to a jury empaneled on or after the effective date of this Act.

4-21           SECTION 5.  This Act takes effect September 1, 1997.

4-22           SECTION 6.  The importance of this legislation and the

4-23     crowded condition of the calendars in both houses create an

4-24     emergency and an imperative public necessity that the

4-25     constitutional rule requiring bills to be read on three several

4-26     days in each house be suspended, and this rule is hereby suspended.