SRC-JLB S.B. 1011 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 1011
78R7561 GWK-DBy: West
Jurisprudence
3/28/2003
As Filed


DIGEST AND PURPOSE 

As proposed, S.B. 1011 provides that the attorney representing the state
and the attorney representing the defendant are entitled to conduct a
meaningful voir dire examination. 

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 35.17, Code of Criminal Procedure, by adding
Section 3 to provide that the attorney representing the state and the
attorney representing the defendant are entitled to conduct a meaningful
voir dire examination.  Provides that a question asked during the voir
dire examination is proper if the question attempts to discover the views
of a prospective juror on an issue that is applicable to the case.
Provides that a question asked during the voir dire examination is not
proper if the question attempts to commit a prospective juror to reaching
a verdict based on particular facts.  Provides that a judge abuses the
judge's discretion if the judge precludes questioning relevant to any
issue that the attorney representing the state or the attorney
representing the defendant in good faith expects will arise in the case.
Provides that good faith on the part of an attorney under this section is
presumed.  Provides that a judge may order the attorney to make an ex
parte showing of the propriety of a question.  Requires the court reporter
to record the showing made by the attorney and requires the showing to be
sealed pending appellate action on the matter. 

SECTION 2.  Effective date:  September 1, 2003.