SRC-JLB, TJG C.S.S.B. 122 78(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 122
788100 YDB-DBy: Lindsay
Jurisprudence
4/5/2003
Committee Report (Substituted)


DIGEST AND PURPOSE 

Currently, in a county with a population of 1.5 million or more, if a
prospective juror is removed from a jury panel for cause, by peremptory
challenge or for any other reason, that juror is dismissed from jury
service for the rest of the day.  However, in smaller counties if a juror
is removed from a jury panel, that juror can be rotated back into the jury
pool on the same day. C.S.S.B. 122 requires a prospective juror removed
from a jury panel in a criminal case for cause, by peremptory challenge or
for any other reason, to be dismissed from jury service and prohibits the
person, after dismissal, from being placed on another jury panel until the
person's name is returned to the jury wheel and drawn again for jury
service.  C.S.S.B. 122 authorizes a prospective juror removed from a jury
panel to be placed on another jury panel. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 62.021, Government Code, as follows:

Sec. 62.021.  DISMISSAL OF JUROR REMOVED FROM PANEL.  (a)  Provides that
this section applies only in a county with a population of 1.5 million or
more. 

(b)  Requires a prospective juror removed from a jury panel in a criminal
case for cause, by peremptory challenge or for any other reason, to be
dismissed from jury service.  Prohibits the person, after dismissal, from
being placed on another jury panel until the person's name is returned to
the jury wheel and drawn again for jury service. 

(c)  Authorizes a prospective juror removed from a jury panel to be placed
on another jury panel. 

SECTION 2.  Effective date: September 1, 2003.
            Makes application of this Act prospective.



SUMMARY OF COMMITTEE CHANGES

Differs from original by rewording the relating clause.

SECTION 1.  Differs from original by amending Section 62.021, Government
Code, rather than repealing it. 

SECTION 2.  No change.