SRC-JLB C.S.S.B. 518 78(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 518
78R8588 KLA-DBy: Duncan
Jurisprudence
3/14/2003
Committee Report (Substituted)


DIGEST AND PURPOSE 

Currently, petit juror and grand juror qualifications are not in line with
other state statutes.  Statutes governing all other jurors, whether grand
jurors or petit jurors in criminal cases, already disqualify a person who
has been convicted of misdemeanor theft.  C.S.S.B. 518 changes the
qualifications for all grand jurors and petit jurors in civil and criminal
cases to exclude persons who have been convicted of a misdemeanor theft or
any other felony in all applicable sections, and makes the language of the
statutory provisions governing petit and grand jurors gender neutral. 

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 Article 19.08, Code of Criminal Procedure, as follows:

Art.  19.08.  QUALIFICATIONS.  Requires no person, rather than any
references to he or him, to be selected or serve as a grand juror who does
not possess certain qualifications, including but not limited to, having
not been convicted of misdemeanor theft or a felony. 

SECTION 2.  Amends Article 35.16(a), Code of Criminal Procedure, to
provide that a challenge for cause is an objection made to a particular
juror, alleging some fact which renders the juror, rather than him,
incapable or unfit to serve on the jury.  Makes conforming changes. 

SECTION 3.  Amends Section 62.102, Government Code, as follows:

Sec.  62.102.  GENERAL QUALIFICATIONS FOR JURY SERVICE.  Adds conviction
of misdemeanor theft or a felony to the list of reasons for which a
person, rather than he, is disqualified from serving as a petit juror.
Makes conforming changes. 

SECTION 4.  Makes application of this Act prospective.

SECTION 5.  Effective date:  September 1, 2003.

SUMMARY OF COMMITTEE CHANGES

Differs from original in relating clause from "relating to the
qualifications for service as a petit juror" to "relating to the
qualifications for service as a grand or petit juror and challenges for
cause." 

SECTION 1.  Differs from original by amending Article 19.08, Code of
Criminal Procedure, rather than Section 62.102, Government Code. 

SECTION 2.  Differs from original by amending Article 35.16(a), Code of
Criminal Procedure, rather  than Section 62.102, Government Code. 

SECTION 3.  Differs from original by redesignating Section 62.102,
Government Code to this section, rather than SECTION 1, and adds
conviction of misdemeanor theft or a felony to the list of reasons for
which a person, rather than he, is disqualified from serving as a petit
juror.  Makes conforming changes. 

SECTION 4.  Makes application of this Act prospective.

SECTION 5.  Redesignated from SECTION 3 in the original.