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A BILL TO BE ENTITLED
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AN ACT
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relating to the qualifications for service as a grand or petit juror |
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and challenges for cause. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 19.08, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 19.08. QUALIFICATIONS. No person shall be selected or |
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serve as a grand juror who does not possess the following |
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qualifications: |
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1. The person must be a citizen of the state, and of |
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the county in which the person is to serve, and be qualified under |
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the Constitution and laws to vote in said county, provided that the |
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person's failure to register to vote shall not be held to disqualify |
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the person in this instance; |
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2. The person must be of sound mind and good moral |
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character; |
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3. The person must be able to read and write; |
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4. The person must not have been convicted of |
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[misdemeanor theft or] a felony; |
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5. The person must not be under indictment or other |
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legal accusation for [misdemeanor theft or] a felony; |
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6. The person must not be related within the third |
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degree of consanguinity or second degree of affinity, as determined |
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under Chapter 573, Government Code, to any person selected to serve |
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or serving on the same grand jury; |
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7. The person must not have served as grand juror or |
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jury commissioner in the year before the date on which the term of |
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court for which the person has been selected as grand juror begins; |
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8. The person must not be a complainant in any matter |
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to be heard by the grand jury during the term of court for which the |
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person has been selected as a grand juror. |
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SECTION 2. Article 35.16(a), Code of Criminal Procedure, is |
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amended to read as follows: |
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(a) A challenge for cause is an objection made to a |
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particular juror, alleging some fact which renders the juror |
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incapable or unfit to serve on the jury. A challenge for cause may |
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be made by either the state or the defense for any one of the |
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following reasons: |
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1. That the juror is not a qualified voter in the state |
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and county under the Constitution and laws of the state; provided, |
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however, the failure to register to vote shall not be a |
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disqualification; |
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2. That the juror has been convicted of [misdemeanor
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theft or] a felony; |
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3. That the juror is under indictment or other legal |
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accusation for [misdemeanor theft or] a felony; |
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4. That the juror is insane; |
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5. That the juror has such defect in the organs of |
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feeling or hearing, or such bodily or mental defect or disease as to |
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render the juror unfit for jury service, or that the juror is |
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legally blind and the court in its discretion is not satisfied that |
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the juror is fit for jury service in that particular case; |
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6. That the juror is a witness in the case; |
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7. That the juror served on the grand jury which found |
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the indictment; |
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8. That the juror served on a petit jury in a former |
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trial of the same case; |
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9. That the juror has a bias or prejudice in favor of |
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or against the defendant; |
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10. That from hearsay, or otherwise, there is |
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established in the mind of the juror such a conclusion as to the |
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guilt or innocence of the defendant as would influence the juror in |
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finding a verdict. To ascertain whether this cause of challenge |
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exists, the juror shall first be asked whether, in the juror's |
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opinion, the conclusion so established will influence the juror's |
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verdict. If the juror answers in the affirmative, the juror shall |
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be discharged without further interrogation by either party or the |
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court. If the juror answers in the negative, the juror shall be |
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further examined as to how the juror's conclusion was formed, and |
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the extent to which it will affect the juror's action; and, if it |
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appears to have been formed from reading newspaper accounts, |
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communications, statements or reports or mere rumor or hearsay, and |
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if the juror states that the juror feels able, notwithstanding such |
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opinion, to render an impartial verdict upon the law and the |
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evidence, the court, if satisfied that the juror is impartial and |
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will render such verdict, may, in its discretion, admit the juror as |
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competent to serve in such case. If the court, in its discretion, |
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is not satisfied that the juror is impartial, the juror shall be |
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discharged; |
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11. That the juror cannot read or write. |
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No juror shall be impaneled when it appears that the juror is |
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subject to the second, third or fourth grounds of challenge for |
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cause set forth above, although both parties may consent. All |
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other grounds for challenge may be waived by the party or parties in |
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whose favor such grounds of challenge exist. |
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In this subsection "legally blind" shall mean having not more |
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than 20/200 of visual acuity in the better eye with correcting |
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lenses, or visual acuity greater than 20/200 but with a limitation |
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in the field of vision such that the widest diameter of the visual |
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field subtends an angle no greater than 20 degrees. |
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SECTION 3. Section 62.102, Government Code, is amended to |
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read as follows: |
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Sec. 62.102. GENERAL QUALIFICATIONS FOR JURY SERVICE. A |
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person is disqualified to serve as a petit juror unless the person: |
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(1) is at least 18 years of age; |
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(2) is a citizen of this state and of the county in |
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which the person is to serve as a juror; |
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(3) is qualified under the constitution and laws to |
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vote in the county in which the person is to serve as a juror; |
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(4) is of sound mind and good moral character; |
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(5) is able to read and write; |
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(6) has not served as a petit juror for six days during |
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the preceding three months in the county court or during the |
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preceding six months in the district court; |
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(7) has not been convicted of [misdemeanor theft or] a |
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felony; and |
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(8) is not under indictment or other legal accusation |
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for [misdemeanor theft or] a felony. |
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SECTION 4. The changes in law made by this Act apply only to |
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qualifications for jury service for a person required to appear for |
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jury service by a summons made on or after September 1, 2009. The |
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qualifications of a person required to appear for jury service |
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before September 1, 2009, are covered by the law in effect on the |
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date the summons is made, and the former law is continued in effect |
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for that purpose. |
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SECTION 5. This Act takes effect September 1, 2009. |