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A BILL TO BE ENTITLED
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AN ACT
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relating to the penalty imposed on defaulting jurors. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 62.111, Government Code, is amended to |
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read as follows: |
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Sec. 62.111. PENALTY FOR DEFAULTING JURORS. A juror |
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lawfully notified shall be fined not less than $100 [$10] nor more |
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than $1,000 [$100] if the juror [he]: |
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(1) fails to attend court in obedience to the notice |
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without reasonable excuse; or |
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(2) files a false claim of exemption from jury |
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service. |
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SECTION 2. Article 19.16, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 19.16. ABSENT JUROR FINED. A juror legally summoned, |
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failing to attend without a reasonable excuse, may, by order of the |
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court entered on the record, be fined not less than $100 [ten
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dollars] nor more than $1,000 [one hundred dollars]. |
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SECTION 3. Article 35.01, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 35.01. JURORS CALLED. When a case is called for trial |
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and the parties have announced ready for trial, the names of those |
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summoned as jurors in the case shall be called. Those not present |
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may be fined not less than $100 nor more than $1,000 [not exceeding
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fifty dollars]. An attachment may issue on request of either party |
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for any absent summoned juror, to have him brought forthwith before |
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the court. A person who is summoned but not present, may upon an |
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appearance, before the jury is qualified, be tried as to his |
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qualifications and impaneled as a juror unless challenged, but no |
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cause shall be unreasonably delayed on account of his absence. |
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SECTION 4. The change in law made by this Act applies only |
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to a juror who fails to attend or provides a false claim of |
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exemption on or after the effective date of this Act. A violation |
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that occurred before the effective date of this Act is governed by |
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the law in effect when the violation occurred, and the former law is |
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continued in effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2009. |