By: Wentworth S.B. No. 1070
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to jury assembly and administration.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The heading to Section 62.001, Government Code,
  is amended to read as follows:
         Sec. 62.001.  JURY SOURCE; MASTER JURY LIST [RECONSTITUTION
  OF JURY WHEEL].
         SECTION 2.  Section 62.001, Government Code, is amended by
  amending Subsections (a), (b), (c), (d), (e), (f), and (g) and
  adding Subsection (f-1) to read as follows:
         (a)  The secretary of state shall compile a master jury list
  for each county [wheel must be reconstituted by] using, as the
  source:
               (1)  the names of all persons on the current voter
  registration lists from all the precincts in the county; and
               (2)  all names on a current list to be furnished by the
  Department of Public Safety, subject to an agreement to use a
  different procedure as authorized by Subsection (f), showing the
  citizens of the county who:
                     (A)  hold a valid Texas driver's license or a
  valid personal identification card or certificate issued by the
  department; and
                     (B)  are not disqualified from jury service under
  Section 62.102(1), (2), or (7).
         (b)  Notwithstanding Subsection (a), the names of persons
  listed on a register of persons exempt from jury service may not be
  placed in the master jury list [wheel], as provided by Sections
  62.108 and 62.109.
         (c)  At the time [Each year not later than the third Tuesday
  in November or the date provided by Section 16.032, Election Code,
  for the cancellation of voter registrations, whichever is earlier,]
  the voter registrar of each county furnishes information to the
  secretary of state to maintain the statewide computerized voter
  registration list as required by Section 18.061, Election Code, the
  voter registrar shall also furnish to the secretary of state in an
  electronic, downloadable format the [a] current voter registration
  list from all the precincts in the county that, except as provided
  by Subsection (d), includes:
               (1)  the complete name, mailing address, date of birth,
  voter registration number, and precinct number for each voter;
               (2)  if available, the Texas driver's license number or
  personal identification card or certificate number and social
  security number for each voter; and
               (3)  any other information included on the voter
  registration list of the county.
         (d)  The current voter registration list from all the county
  precincts required by Subsection (c) may exclude, at the option of
  the voter registrar of each county, the names of persons on the
  suspense list maintained under Section 15.081, Election Code.
         (e)  The voter registrar shall send a list of the names of
  persons excluded to the secretary of state with the current voter
  registration list from all the county precincts required by
  Subsection (c).
         (f)  Unless the Department of Public Safety and secretary of
  state agree to a different procedure, the department [The
  Department of Public Safety] shall furnish a list to the secretary
  of state that shows the names required under Subsection (a)(2) and
  that contains any of the information enumerated in Subsection (c)
  that is available to the department, including citizenship status
  and county of residence. The list shall exclude the names of
  convicted felons, persons who are not citizens of the United
  States, persons residing outside the county, and the duplicate name
  of any registrant. The department shall furnish the list to the
  secretary of state on or before the first Monday in January, April,
  July, and October of each year.
         (f-1)  Each Monday, each county shall send to the secretary
  of state a list that includes the name of each person who has served
  as a petit juror in that county during the previous week and whose
  name should be removed from the master jury list. The secretary of
  state shall remove each name from the master jury list under this
  section.  The secretary of state shall return the name to the list
  on the Monday following the second anniversary of the date the name
  was removed, except that the name shall be returned to the master
  jury list earlier or later than that date, as appropriate, if the
  supreme court has approved a county plan authorizing a different
  amount of time for exemption from service as a petit juror in that
  county by a person who has previously served on a jury. For
  purposes of this section, each county shall determine when a person
  is considered to have served on a jury.
         (g)  The secretary of state shall accept the lists furnished
  as provided by Subsections (c) through (f-1) [(f)].  The secretary
  of state shall combine the lists and update the master jury list by
  eliminating[, eliminate] duplicate names, removing the names of
  convicted felons, deceased persons, and persons no longer residing
  in the county, removing and returning names as required by
  Subsection (f-1), and adding the names of persons qualified to
  serve as a petit juror that are not currently on the list. The
  secretary of state shall make [and send] the combined list
  available to each county in an electronic, downloadable format not
  later than the second Monday in January, April, July, and October
  [on or before December 31] of each year [or as may be required under
  a plan developed in accordance with Section 62.011.   The district
  clerk of a county that has adopted a plan under Section 62.011 shall
  give the secretary of state notice not later than the 90th day
  before the date the list is required]. The master jury list
  [furnished the county must be in a format, electronic or printed
  copy, as requested by the county and] must be certified by the
  secretary of state stating that the list contains the names
  required by Subsections (c) through (f-1) [(f), eliminating
  duplications]. The secretary of state shall furnish the list free
  of charge.
         SECTION 3.  Subchapter A, Chapter 62, Government Code, is
  amended by adding Section 62.0011 to read as follows:
         Sec. 62.0011.  SUPREME COURT RULES. (a)  The supreme court
  shall adopt rules to govern the use of the master jury list and the
  administration of jury panels, including procedures for:
               (1)  obtaining the master jury list from the secretary
  of state;
               (2)  the drawing of names for jury lists;
               (3)  the issuance of juror summonses;
               (4)  answering a juror summons;
               (5)  the scheduling and rescheduling of jurors; and
               (6)  the selection of a jury panel.
         (b)  The supreme court may adopt rules that allow the
  adoption of a written jury plan for a county. The rules must
  specify which procedures specified by rules adopted under
  Subsection (a) must be uniform throughout this state, and which
  procedures may vary between counties based on a county's jury plan.  
  The rules may provide:
               (1)  a timeline for approving county jury plans; and
               (2)  that a county jury plan is approved if not rejected
  by the supreme court within a specified number of days.
         (c)  A jury plan may not be adopted by a county until the plan
  has been approved by the supreme court either explicitly or in
  accordance with rules adopted under Subsection (b)(2). The jury
  plan may address, subject to Subsection (a):
               (1)  the timing and frequency of the issuance of juror
  summonses;
               (2)  the number of jurors that may be summoned;
               (3)  the manner by which a juror may be rescheduled;
               (4)  the manner by which the name of a rescheduled juror
  is mixed into a jury list;
               (5)  the process by which panels are formed and
  assigned to courts;
               (6)  whether jurors may be summoned to one central
  location or to individual courts;
               (7)  the identity and number of persons responsible for
  juror orientation;
               (8)  the procedure for juror orientation;
               (9)  the identity and number of persons responsible for
  decisions on qualifications, exemptions, and rescheduling;
               (10)  the procedure for making decisions on juror
  qualifications, exemptions, and rescheduling;
               (11)  the procedure for enhancing the accuracy of the
  list of persons available for assignment to a jury list;
               (12)  whether a juror may be assigned for more than one
  day or one trial, and the process for making that assignment;
               (13)  whether a juror may be immediately reassigned to
  another trial after the juror has been eliminated due to a for-cause
  or peremptory challenge, and the process for making the assignment;
               (14)  the manner in which the Internet may be used for
  juror communications and rescheduling;
               (15)  special procedures for death-qualified capital
  cases;
               (16)  whether justice of the peace or municipal courts
  may use jurors that have been summoned by the county;
               (17)  when litigants or attorneys may be informed of
  who has been summoned for jury duty; and
               (18)  any other matter the supreme court determines
  needs to be addressed by a county for the efficient administration
  of the jury assembly process.
         SECTION 4.  Subsection (d), Section 62.019, Government Code,
  is amended to read as follows:
         (d)  The bailiffs and assistant and deputy bailiffs
  appointed by the district judges shall take care of the general
  panel and perform the duties in connection with the supervision of
  the central jury room and the general panel that are required by the
  district judges. They may notify prospective jurors whose names
  are drawn from the master jury list [wheel] or selected by other
  means provided by law to appear for jury service and may serve
  notices on absent jurors as directed by the district judge having
  control of the general jury panel.
         SECTION 5.  Section 62.106, Government Code, is amended to
  read as follows:
         Sec. 62.106.  EXEMPTION FROM JURY SERVICE.  [(a)]  A person
  qualified to serve as a petit juror may establish an exemption from
  jury service if the person:
               (1)  is over 70 years of age;
               (2)  has legal custody of a child younger than 10 years
  of age and the person's service on the jury requires leaving the
  child without adequate supervision;
               (3)  is a student of a public or private secondary
  school;
               (4)  is a person enrolled and in actual attendance at an
  institution of higher education;
               (5)  is an officer or an employee of the senate, the
  house of representatives, or any department, commission, board,
  office, or other agency in the legislative branch of state
  government;
               (6)  [is summoned for service in a county with a
  population of at least 200,000, unless that county uses a jury plan
  under Section 62.011 and the period authorized under Section
  62.011(b)(5) exceeds two years, and the person has served as a petit
  juror in the county during the 24-month period preceding the date
  the person is to appear for jury service;
               [(7)]  is the primary caretaker of a person who is an
  invalid unable to care for himself; or
               (7) [(8)     except as provided by Subsection (b), is
  summoned for service in a county with a population of at least
  250,000 and the person has served as a petit juror in the county
  during the three-year period preceding the date the person is to
  appear for jury service; or
               [(9)]  is a member of the United States military forces
  serving on active duty and deployed to a location away from the
  person's home station and out of the person's county of residence.
         [(b)     Subsection (a)(8) does not apply if the jury wheel in
  the county has been reconstituted after the date the person served
  as a petit juror.]
         SECTION 6.  Subsection (b), Section 62.107, Government Code,
  is amended to read as follows:
         (b)  A person may also claim an exemption from jury service
  under Section 62.106 by filing with the sheriff, tax
  assessor-collector, or district or county clerk of the county of
  the person's [his] residence a sworn statement that sets forth the
  ground of and claims the exemption. The name of a person who claims
  an [his] exemption by filing the sworn statement may not be placed
  on [in] the master jury list [wheel] for the ensuing year.
         SECTION 7.  Subsection (d), Section 62.108, Government Code,
  is amended to read as follows:
         (d)  The name of a person on the register of persons
  permanently exempt from jury service may not be placed on [in] the
  master jury list [wheel] or otherwise used in preparing the record
  of names from which a jury is selected.
         SECTION 8.  Subsection (d), Section 62.109, Government Code,
  is amended to read as follows:
         (d)  A person listed on the register may not be summoned for
  jury service during the period for which the person is exempt. The
  name of a person listed on the register may not be placed on [in] the
  master jury list [wheel] or otherwise used in preparing the record
  of names from which a jury list is selected during the period for
  which the person is exempt.
         SECTION 9.  Subsection (b), Section 62.110, Government Code,
  is amended to read as follows:
         (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 may:
               (1)  hear any reasonable excuse of a prospective juror,
  including any claim of an exemption or a lack of qualification; and
               (2)  discharge the juror or release the juror [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.
         SECTION 10.  Subsections (a) and (c), Section 62.302,
  Government Code, are amended to read as follows:
         (a)  The county judge or a judge of a county court at law may
  order the drawing of names from the master jury list [wheel] if the
  judge considers the number of prospective jurors already drawn to
  be insufficient or if an interchangeable general jury panel is not
  drawn as provided by rules adopted by the supreme court or a jury
  plan approved by the supreme court [Section 62.016, 62.017, or
  62.0175].
         (c)  The county judge and a judge of a county court at law
  concurrently have the same power to determine and remedy a
  deficiency in the number of prospective jurors as the district
  judge designated to control a general jury panel as provided by
  rules adopted by the supreme court or a jury plan approved by the
  supreme court [Section 62.016, 62.017, or 62.0175. Except as
  otherwise provided by this section, the applicable general
  provisions in Subchapter A that govern the drawing of names of
  prospective jurors by the district judge govern the drawing of
  names under this section].
         SECTION 11.  Subsections (a) and (c), Section 62.412,
  Government Code, are amended to read as follows:
         (a)  A county that uses interchangeable juries [under
  Section 62.016] may summon a prospective juror to report directly
  to a justice court in the precinct in which that person resides.
         (c)  A justice of the peace may command the sheriff or
  constable to immediately summon additional persons for jury service
  in the justice court if the number of qualified jurors[, including
  persons summoned under Section 62.016,] is less than the number
  necessary for the justice court to conduct its proceedings.
         SECTION 12.  Articles 34.02 and 34.03, Code of Criminal
  Procedure, are amended to read as follows:
         Art. 34.02.  ADDITIONAL NAMES DRAWN. In any criminal case in
  which the court deems that the veniremen theretofore drawn will be
  insufficient for the trial of the case, or in any criminal case in
  which the venire has been exhausted by challenge or otherwise, the
  court shall order additional veniremen in such numbers as the court
  may deem advisable, to be summoned as follows:
         (a)  In a master jury list [wheel] county, the names of those
  to be summoned shall be drawn from the master jury list [wheel].
         (b)  In counties not using the master jury list [wheel], the
  veniremen shall be summoned by the sheriff.
         Art. 34.03.  INSTRUCTIONS TO SHERIFF. When the sheriff is
  ordered by the court to summon persons upon a special venire whose
  names have not been selected under the master jury list [Jury Wheel
  Law], the court shall, in every case, caution and direct the sheriff
  to summon such persons as have legal qualifications to serve on
  juries, informing him of what those qualifications are, and shall
  direct him, as far as he may be able to summon persons of good
  character who can read and write, and such as are not prejudiced
  against the defendant or biased in his favor, if he knows of such
  bias or prejudice.
         SECTION 13.  (a)  The following provisions of the Government
  Code are repealed:
               (1)  Subsection (k), Section 25.2422;
               (2)  Subsections (h), (i), (j), and (k), Section 62.001;
               (3)  Section 62.002;
               (4)  Section 62.003;
               (5)  Section 62.004;
               (6)  Section 62.005;
               (7)  Section 62.006;
               (8)  Section 62.007;
               (9)  Section 62.008;
               (10)  Section 62.009;
               (11)  Section 62.010;
               (12)  Section 62.011;
               (13)  Section 62.0111;
               (14)  Section 62.012;
               (15)  Section 62.013;
               (16)  Section 62.014;
               (17)  Section 62.0142;
               (18)  Section 62.0143;
               (19)  Section 62.0144;
               (20)  Section 62.0145;
               (21)  Section 62.0146;
               (22)  Section 62.015;
               (23)  Section 62.016;
               (24)  Section 62.017;
               (25)  Section 62.0175;
               (26)  Section 62.018; and
               (27)  Section 62.021.
         (b)  The following articles of the Code of Criminal Procedure
  are repealed:
               (1)  Article 35.03;
               (2)  Article 35.04;
               (3)  Article 35.05;
               (4)  Article 35.11; and
               (5)  Article 35.12.
         SECTION 14.  Not later than December 1, 2009, the Texas
  Supreme Court shall adopt rules as required by Section 62.0011,
  Government Code, as added by this Act, to take effect January 1,
  2010.
         SECTION 15.  The change in law made by this Act applies only
  to a person summoned to appear for jury service who is required to
  appear on or after January 1, 2010. A person summoned to appear for
  jury service who is required to appear before January 1, 2010, is
  governed by the law in effect on the date the person is required to
  appear, and the former law is continued in effect for that purpose.
         SECTION 16.  A master jury list in use on the effective date
  of this Act continues in effect until the earlier of:
               (1)  March 31, 2010; or
               (2)  the date a master jury list is compiled and made
  available to a county using procedures implemented as required by
  this Act.
         SECTION 17.  This Act does not make an appropriation.  A
  provision in this Act that creates a new governmental program,
  creates a new entitlement, or imposes a new duty on a governmental
  entity is not mandatory during a fiscal period for which the
  legislature has not made a specific appropriation to implement the
  provision.
         SECTION 18.  (a)  Except as provided by Subsection (b) of
  this section, this Act takes effect January 1, 2010.
         (b)  Sections 3 and 14 of this Act and this section take
  effect September 1, 2009.