C.S.H.B. 2796 78(R)    BILL ANALYSIS


C.S.H.B. 2796
By: Keel
Criminal Jurisprudence
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Article 35.261 of the Texas Code of Criminal Procedure was enacted in 1987
to codify the U.S. Supreme Court's decision in Batson v. Kentucky, 476
U.S. 79, 106 Ct. 1712, 90 L.Ed2d 69 (1986). Batson held that under the
Equal Protection Clause of the U.S. Constitution, a prosecutor may not
exercise a peremptory challenge to remove a potential juror solely on the
basis of a juror's race. 

Subsequent U.S. Supreme Court decisions have expanded Batson to provide
that neither the prosecution nor the defense may exercise a peremptory
challenge to remove a potential juror solely on the basis of the juror's
gender, ethnic origin, or race.  However, Texas law has not been amended
to include these changes. 

C.S.H.B. 2796 amends Article 35.261, Code of Criminal Procedure, to codify
the U.S. Supreme Court's post Batson decisions which prevent any party
from exercising a peremptory challenge to remove a potential juror solely
on the basis of the juror's gender, ethnic origin, or race. 

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. 2796 amends the Code of Criminal Procedure to require a court, in
non-death penalty cases, to grant a motion for dismissal of the array if
the opposing party exercised peremptory challenges against perspective
jurors based on their gender. The bill also allows the prosecutor to
request dismissal if the opposing party exercised peremptory challenges
against perspective jurors based on race. 

EFFECTIVE DATE

September 1, 2003.

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute differs from the original by conforming to Texas
Legislative Council style and format.