By Farrar                                             H.B. No. 1413
         77R5669 GWK-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the testimony of a juror in a criminal case.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Chapter 36, Code of Criminal Procedure, is
 1-5     amended by adding Article 36.34 to read as follows:
 1-6           Art. 36.34.  JUROR NOT ALLOWED TO TESTIFY.  (a)  A juror may
 1-7     not in the trial of a case testify before the jury on which the
 1-8     juror sits as a member.
 1-9           (b)  If a juror is called to testify in violation of
1-10     Subsection (a), the opposing party is entitled to object to the
1-11     testimony outside of the presence of the jury.
1-12           SECTION 2.  Chapter 40, Code of Criminal Procedure, is
1-13     amended by adding Article 40.002 to read as follows:
1-14           Art. 40.002.  (a)  Except as provided by Subsection (c), a
1-15     juror may not testify as to:
1-16                 (1)  any matter or statement occurring during jury
1-17     deliberations;
1-18                 (2)  the mental processes used by the juror to assent
1-19     to or dissent from the verdict or indictment; or
1-20                 (3)  the effect of any event or thing  on the mind of
1-21     the juror or another juror that influenced the juror or other juror
1-22     to assent to or dissent from the verdict or indictment.
1-23           (b)  An affidavit or evidence of a statement by a juror
1-24     concerning a matter about which the juror is prohibited from
 2-1     testifying under Subsection (a) is not admissible.
 2-2           (c)  On inquiry into the validity of a verdict or indictment,
 2-3     a juror may testify as to any matter relevant to the validity of
 2-4     the verdict or indictment.
 2-5           SECTION 3.  This Act takes effect immediately if it receives
 2-6     a vote of two-thirds of all the members elected to each house, as
 2-7     provided by Section 39, Article III, Texas Constitution.  If this
 2-8     Act does not receive the vote necessary for immediate effect, this
 2-9     Act takes effect September 1, 2001.