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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.