79R686 RMB-D
By: Hope H.B. No. 75
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 applies only to persons summoned to
appear for jury service on or after the effective date of this Act.
SECTION 4. This Act takes effect September 1, 2005.