|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to certain challenges for cause in criminal cases. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Article 35.16, Code of Criminal Procedure, is |
|
amended by amending Subsections (b) and (c) and adding Subsection |
|
(d) to read as follows: |
|
(b) A challenge for cause may be made by the State for any of |
|
the following reasons: |
|
1. That the juror has conscientious scruples in regard |
|
to the infliction of the punishment of death for crime, in a capital |
|
case, where the State is seeking the death penalty; |
|
2. That the juror [he] is related within the third |
|
degree of consanguinity or affinity, as determined under Chapter |
|
573, Government Code, to the defendant; and |
|
3. That, except as provided by Subsection (d), the |
|
juror [he] has a bias or prejudice against any phase of the law upon |
|
which the State is entitled to rely for conviction or punishment. |
|
(c) A challenge for cause may be made by the defense for any |
|
of the following reasons: |
|
1. That the juror [he] is related within the third |
|
degree of consanguinity or affinity, as determined under Chapter |
|
573, Government Code, to the person injured by the commission of the |
|
offense, or to any prosecutor in the case; and |
|
2. That the juror [he] has a bias or prejudice against |
|
any of the law applicable to the case upon which the defense is |
|
entitled to rely, either as a defense to some phase of the offense |
|
for which the defendant is being prosecuted or as a mitigation |
|
thereof or, except as provided by Subsection (d), of the punishment |
|
therefor. |
|
(d) The state or the defense may not make a challenge for |
|
cause against a juror solely because the juror indicates that, if |
|
the defendant is found guilty, the juror will be unable or unwilling |
|
to consider recommending to the judge that the judge suspend the |
|
imposition of the sentence and place the defendant on community |
|
supervision under Article 42.12. |
|
SECTION 2. Article 35.16, Code of Criminal Procedure, as |
|
amended by this Act, applies only to a criminal trial that commences |
|
on or after the effective date of this Act. A criminal trial that |
|
commences before the effective date of this Act is governed by the |
|
law in effect at the time the trial commences, and the former law is |
|
continued in effect for that purpose. |
|
SECTION 3. This Act takes effect September 1, 2007. |