C.S.H.B. 1252 78(R)    BILL ANALYSIS


C.S.H.B. 1252
By: Hope
Judicial Affairs
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

C.S.H.B. 1252 clarifies certain procedures regarding a court or the
court's designee hearing juror excuses or claims of exemption or a lack of
qualification.  

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

ANALYSIS

C.S.H.B. 1252 amends the Code of Criminal Procedure to provide that except
under certain circumstances, the court shall hear and determine excuses
offered for not serving as a juror, including any claim of an exemption or
lack of qualification.  If the court considers the excuse sufficient, the
court shall discharge the prospective juror or postpone his or her
service, as appropriate.   

The bill amends the Code of Criminal Procedure to provide that in counties
that have a plan approved by the commissioners court in the same manner as
a plan is approved for jury selection under Section 62.011, Government
Code, the court's designee may hear and determine an excuse offered for
not serving as a juror, including any claim of an exemption or lack of
qualification.  The court's designee shall discharge the prospective juror
or postpone his or her service, as appropriate if the excuse is considered
sufficient and the juror submits to the court's designee a statement of
the ground of the exemption or lack of qualification or other excuse.
Such a juror statement may be made in person, in writing, by telephone, or
by electronic or other appropriate means of communication.   

The bill also amends the Government Code to provide that a court shall
hear any reasonable sworn excuse of a prospective juror, including any
claim of an exemption or lack of qualification, and if the excuse is
considered sufficient shall release the prospective juror or postpone his
or her service, as appropriate.   

The bill amends the Government Code to provide that in counties that have
a plan approved by the commissioners court in the same manner as a plan is
approved for jury selection under Section 62.011, Government Code, the
court's designee may hear and determine an excuse offered for not serving
as a juror, including any claim of an exemption or lack of qualification.
The court's designee shall discharge the prospective juror or postpone his
or her service, as appropriate if the excuse is considered sufficient and
the juror submits to the court's designee a statement of the ground of the
exemption or lack of qualification or other excuse.  Such a juror
statement may be made in person, in writing, by telephone, or by
electronic or other appropriate means of communication.  

EFFECTIVE DATE

September 1, 2003. 




 COMPARISON OF ORIGINAL TO SUBSTITUTE

The original required a "signed statement" in two sections of the bill.
The substitute deletes the word "signed."   

The substitute also provides that the required juror statement may be made
in person, in writing, by telephone, or by electronic or other appropriate
means of communication.