By Dunnam H.B. No. 1464
77R4236 KEL-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to a peremptory challenge based on the race, gender, or
1-3 religion of a juror in a criminal case.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Article 35.261, Code of Criminal Procedure, is
1-6 amended to read as follows:
1-7 Art. 35.261. PEREMPTORY CHALLENGES BASED ON RACE, GENDER, OR
1-8 RELIGION PROHIBITED. (a) After the parties have delivered their
1-9 lists to the clerk under Article 35.26 of this code and before the
1-10 court has impanelled the jury, the defendant may request the court
1-11 to dismiss the array and call a new array in the case.
1-12 (b) The court shall grant the defendant's motion to dismiss
1-13 [of a defendant for dismissal of] the array if:
1-14 (1) the defendant alleges in the motion that the
1-15 attorney representing the state exercised peremptory challenges to
1-16 exclude persons from the jury on the basis of their race, gender,
1-17 or religion, as specified by the defendant; and
1-18 (2) the court determines that:
1-19 (A) the defendant is a member of an identifiable
1-20 racial group, for peremptory challenges alleged to have been based
1-21 on race;
1-22 (B) [that] the attorney representing the state
1-23 exercised peremptory challenges to exclude [for the purpose of
1-24 excluding] persons from the jury on the basis of their race,
2-1 gender, or religion, as alleged by the defendant; and
2-2 (C) [that] the defendant has offered evidence of
2-3 relevant facts that tend to support the defendant's allegation
2-4 [show that challenges made by the attorney representing the state
2-5 were made for reasons based on race].
2-6 (c) If the defendant establishes a prima facie case, the
2-7 burden then shifts to the attorney representing the state to give
2-8 an [a racially neutral] explanation for the challenges that is
2-9 neutral with respect to race, gender, or religion, as applicable.
2-10 The burden of persuasion remains with the defendant to establish
2-11 purposeful discrimination.
2-12 (d) [(b)] If the court determines that the attorney
2-13 representing the state challenged prospective jurors on the basis
2-14 of race, gender, or religion, as applicable, the court shall call a
2-15 new array in the case.
2-16 SECTION 2. (a) The change in law made by this Act applies
2-17 only to a criminal trial that commences on or after the effective
2-18 date of this Act.
2-19 (b) A trial that commences before the effective date of this
2-20 Act is covered by the law in effect when the trial commenced, and
2-21 the former law is continued in effect for this purpose.
2-22 SECTION 3. This Act takes effect September 1, 2001.