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.