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.