78R7561 GWK-D

By:  Dunnam                                                       H.B. No. 1673



A BILL TO BE ENTITLED

AN ACT

relating to the questioning of prospective jurors during voir dire 
examination.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Article 35.17, Code of Criminal Procedure, is 
amended by adding Section 3 to read as follows:
	3.  The attorney representing the state and the attorney 
representing the defendant are entitled to conduct a meaningful 
voir dire examination.  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.  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.  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.  Good faith on the part of an attorney under this section is 
presumed. A judge may order the attorney to make an ex parte showing 
of the propriety of a question.  The court reporter shall record the 
showing made by the attorney and the showing must be sealed pending 
appellate action on the matter.
	SECTION 2.  This Act takes effect September 1, 2003.