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A BILL TO BE ENTITLED
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AN ACT
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relating to juries. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle B, Title 2, Civil Practice and Remedies |
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Code, is amended by adding Chapter 25 to read as follows: |
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CHAPTER 25. JURY TRIAL PROCEDURES |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 25.001. APPLICABILITY. This chapter applies to a |
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civil trial by jury in this state. |
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Sec. 25.002. CHAPTER GOVERNS OVER RULES. Notwithstanding |
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Section 22.004, Government Code, the supreme court may not amend or |
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adopt rules in conflict with this chapter. |
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[Sections 25.003-25.050 reserved for expansion] |
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SUBCHAPTER B. JURY PROCEDURES |
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Sec. 25.051. PRELIMINARY INSTRUCTIONS TO JURY. |
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(a) Immediately after a jury is sworn, the court shall instruct |
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the jury concerning: |
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(1) its duties; |
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(2) its conduct; |
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(3) the order of proceedings; and |
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(4) the elementary legal principles that will govern |
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the proceeding. |
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(b) The court shall read the charge to the jury in the manner |
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provided by Rule 275, Texas Rules of Civil Procedure. |
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Sec. 25.052. JUROR DISCUSSIONS. (a) Except as provided by |
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Subsection (b), if the jurors are permitted to separate during the |
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trial, the court shall admonish them that it is their duty not to |
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converse with or permit themselves to be addressed by any person on |
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any subject connected with the trial, except that they are |
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permitted to discuss the evidence among themselves in the jury room |
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during recesses from trial when all jurors are present, as long as |
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they reserve judgment about the outcome of the case until |
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deliberations commence. |
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(b) The court may, for good cause, prohibit or limit the |
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discussion of the evidence by jurors among themselves during |
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recesses. |
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Sec. 25.053. NOTE-TAKING BY JURORS. (a) The court shall |
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instruct the jurors that they: |
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(1) may take notes regarding the evidence; |
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(2) may use the notes during the time the court is in |
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session for the purpose of refreshing their memory for use during |
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recesses, discussions, and deliberations; and |
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(3) must turn in the notes to the bailiff at the end of |
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each day when the court is not in session or when deliberations have |
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ended for that day. |
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(b) The court shall provide materials suitable for the |
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purpose described in Subsection (a). |
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(c) After the jury has rendered its verdict, the bailiff or |
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clerk shall collect the notes and promptly destroy them. |
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(d) The notes may not be used in evidence on appeal or in any |
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other proceeding. |
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Sec. 25.054. INTERIM SUMMATIONS. The court may, at the |
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request of either party or on its own initiative, allow counsel for |
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each party to make interim summations after opening statements and |
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before closing arguments. |
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SECTION 2. Subsection (b), Section 62.011, Government Code, |
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is amended to read as follows: |
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(b) A plan authorized by this section for the selection of |
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names of prospective jurors must: |
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(1) be proposed in writing to the commissioners court |
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by a majority of the district and criminal district judges of the |
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county at a meeting of the judges called for that purpose; |
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(2) specify that the source of names of persons for |
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jury service is the same as that provided by Section 62.001 and that |
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the names of persons listed in a register of persons exempt from |
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jury service may not be used in preparing the record of names from |
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which a jury list is selected, as provided by Sections 62.108 and |
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62.109; |
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(3) provide a fair, impartial, and objective method of |
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selecting names of persons for jury service with the aid of |
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electronic or mechanical equipment; |
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(4) designate the district clerk as the officer in |
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charge of the selection process and define his duties; [and] |
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(5) provide that the method of selection either will |
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use the same record of names for the selection of persons for jury |
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service until that record is exhausted or will use the same record |
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of names for a period of time specified by the plan; and |
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(6) require that the name of a prospective juror who is |
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not impaneled due to an excuse be immediately returned to the jury |
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wheel. |
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SECTION 3. Subsection (a), Section 62.106, Government Code, |
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is amended to read as follows: |
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(a) A person qualified to serve as a petit juror may |
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establish an exemption from jury service if the person: |
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(1) is over 70 years of age; |
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(2) has legal custody of a child younger than 10 years |
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of age and the person's service on the jury requires leaving the |
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child without adequate supervision; |
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(3) is a student of a public or private secondary |
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school; |
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(4) is a person enrolled and in actual attendance at an |
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institution of higher education; |
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(5) is an officer or an employee of the senate, the |
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house of representatives, or any department, commission, board, |
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office, or other agency in the legislative branch of state |
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government, and the date of the trial or jury selection is: |
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(A) within 30 days of a date when the legislature |
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is to be in session; or |
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(B) on a date when the legislature: |
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(i) is in session; or |
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(ii) sits as a constitutional convention; |
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(6) is summoned for service in a county with a |
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population of at least 200,000, unless that county uses a jury plan |
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under Section 62.011 and the period authorized under Section |
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62.011(b)(5) exceeds two years, and the person has served as a petit |
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juror in the county during the 24-month period preceding the date |
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the person is to appear for jury service; |
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(7) is the primary caretaker of a person who is an |
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invalid unable to care for himself; |
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(8) except as provided by Subsection (b), is summoned |
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for service in a county with a population of at least 250,000 and |
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the person has served as a petit juror in the county during the |
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three-year period preceding the date the person is to appear for |
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jury service; or |
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(9) is a member of the United States military forces |
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serving on active duty and deployed to a location away from the |
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person's home station and out of the person's county of residence. |
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SECTION 4. Section 62.110, Government Code, is amended by |
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amending Subsection (c) and adding Subsection (d) to read as |
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follows: |
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(c) The court or the court's designee as provided by this |
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section may not excuse a prospective juror for an economic reason |
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unless each party of record is present and approves excusing [the
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release of] the juror for that reason. The court may not inform a |
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prospective juror of the reason the prospective juror is not |
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excused under this subsection. |
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(d) The name of a prospective juror who is not impaneled due |
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to an excuse shall be immediately returned to the jury wheel. |
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SECTION 5. (a) Except as provided by Subsection (b) of |
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this section, this Act applies to a case in which a jury is sworn on |
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or after the effective date of this Act, without regard to whether |
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the case commenced before, on, or after that date. |
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(b) The change in law made by this Act to Sections 62.106 and |
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62.110, Government Code, applies only to a person summoned to |
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appear for jury service who is required to appear on or after the |
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effective date of this Act. A person who is summoned to appear |
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before the effective date of this Act is governed by the law as it |
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existed immediately before the effective date of this Act, and that |
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law is continued in effect for that purpose. |
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SECTION 6. This Act takes effect September 1, 2007. |
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* * * * * |