By:  Hope, et al.                                                 H.B. No. 1252

Substitute the following for H.B. No. 1252:                                   

By:  Corte                                                    C.S.H.B. No. 1252



A BILL TO BE ENTITLED

AN ACT

relating to the selection of a jury in criminal and civil cases.              
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Sections 1 and 2, Article 35.03, Code of Criminal 
Procedure, are amended to read as follows:
	Sec. 1.  Except as provided by Sections 2 and 3 of this 
article, the court shall then hear and determine excuses offered 
for not serving as a juror, including any claim of an exemption or a 
lack of qualification, and if the court considers [deems] the 
excuse sufficient, the court shall discharge the prospective juror 
or postpone the prospective juror's service to a date specified by 
the court, as appropriate.
	Sec. 2.  (a)  Under a plan approved by the commissioners 
court of the county in the same manner as a plan is approved for jury 
selection under Section 62.011, Government Code, in a case other 
than a capital felony case, the court's designee may hear and 
determine an excuse offered for not serving as a juror, including 
any claim of an exemption or a lack of qualification.  The court's 
designee shall discharge the prospective juror or postpone the 
prospective juror's service to a date specified by the court's 
designee, as appropriate, [and] if:
		(1)  the court's designee considers [deems] the excuse 
sufficient;  and
		(2)  the juror submits to the court's designee a 
statement of the ground of the exemption or lack of qualification or 
other excuse[, he may postpone the juror's service to a date 
specified by the court's designee].
	(b)  A juror statement under this section may be made in 
person, in writing, by telephone, or by electronic or other 
appropriate means of communication.
	SECTION 2.  Section 62.110, Government Code, is amended by 
amending Subsections (a) and (b) and adding Subsection (d) to read 
as follows:
	(a)  Except as provided by this section, a court shall [may] 
hear any reasonable sworn excuse of a prospective juror, including 
any claim of an exemption or a lack of qualification, and if the 
excuse is considered sufficient shall release him from jury service 
entirely or until another day of the term, as appropriate.
	(b)  Pursuant to a plan approved by the commissioners court 
of the county in the same manner as a plan is approved for jury 
selection under Section 62.011, the court's designee:
		(1)  may hear any reasonable excuse of a prospective 
juror, including any claim of an exemption or a lack of 
qualification; and
		(2)  shall discharge the juror or release him from jury 
service until a specified day of the term, as appropriate, if:
			(A)  the excuse is considered sufficient;  and                        
			(B)  the juror submits to the court's designee a 
statement of the ground of the exemption or lack of qualification or 
other excuse.
	(d)  A juror statement under this section may be made in 
person, in writing, by telephone, or by electronic or other 
appropriate means of communication.
	SECTION 3.  This Act takes effect September 1, 2003, and 
applies only to persons summoned to appear for jury service on or 
after that date.