C.S.H.B. 2923 78(R)    BILL ANALYSIS


C.S.H.B. 2923
By: Marchant
Judicial Affairs
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

The right to a jury trial is often cited as one of our most fundamental
rights.  Despite this belief, many persons avoid jury service at every
opportunity.  C.S.H.B. 2923 is designed to encourage jury service by
lessening the burden of jury service on citizens. 

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. 2923 amends the Government Code to provide that a person summoned
for jury duty who knowingly provides false information in a request for an
exemption or to be excused from jury service is subject to a contempt
action punishable by a fine of not less than $100 nor more than $1,000, in
addition to any criminal penalty prescribed by law.   

The bill also provides that a person summoned for jury service may request
a postponement of the person's initial appearance for jury service.  The
person may request the postponement by contacting the clerk of the court
in person, in writing, or by telephone before the date on which the person
is summoned to appear.  On receipt of a request, the clerk of the court
shall grant the person a postponement if the person has not been granted a
postponement in that county during the one-year period preceding the date
on which the person is summoned to appear and the person and the clerk
determine a substitute date on which the person will appear for jury
service that is not later than six months after the date on which the
person was originally summoned to appear.  A person who receives a
postponement may request a subsequent postponement.  The clerk of the
court may approve the subsequent postponement only because of an extreme
emergency that could not have been anticipated, such as a death in the
person's family, sudden serious illness suffered by the person, or a
natural disaster or national emergency in which the person is personally
involved.  Before the clerk may grant the subsequent postponement, the
person and the clerk must determine a substitute date on which the person
will appear for jury service that is not later than six months after the
date on which the person was to appear after the postponement. 

The bill also provides that a person is not required to appear for jury
service for more than one day unless the person is selected to serve on a
particular jury or is being considered to serve on a particular jury.
Once selected, a juror shall serve on the jury until the jury renders a
verdict, unless excused by the court. 

EFFECTIVE DATE

September 1, 2003.

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute deletes Sections 1, 4-12, and 14 of the original, and makes
conforming changes.  The substitute also deletes the provision for a
criminal penalty for failure to answer a jury summons in Section 2 of the
original, and removes the provisions for additional reimbursement of petit
jurors from Section 3 of the original.