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A BILL TO BE ENTITLED
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AN ACT
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relating to a person's ability to read and write in English as a |
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qualification for service as a petit juror. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. 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 English. |
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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 other |
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grounds for challenge may be waived by the party or parties in whose |
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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 2. 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 English; |
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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 3. Section 62.103(a), Government Code, is amended |
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to read as follows: |
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(a) A court may suspend the qualification for jury service |
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that requires a person to be able to read and write English if it |
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appears to the court that the requisite number of jurors able to |
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read and write English cannot be found in the county. |
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SECTION 4. The heading to Section 62.109, Government Code, |
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is amended to read as follows: |
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Sec. 62.109. EXEMPTION FOR PHYSICAL OR MENTAL IMPAIRMENT |
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[OR INABILITY TO COMPREHEND ENGLISH]. |
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SECTION 5. Sections 62.109(a), (b), and (f), Government |
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Code, are amended to read as follows: |
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(a) The judge of a district court by order may permanently |
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or for a specified period exempt from service as a juror in all the |
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county and district courts in the county a person with a physical or |
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mental impairment [or with an inability to comprehend or
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communicate in the English language] that makes it impossible or |
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very difficult for the person to serve on a jury. |
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(b) At the time the person is summoned for jury service or at |
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any other time, a [A] person requesting an exemption under this |
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section must: |
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(1) submit to the court an affidavit stating the |
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person's name and address and the reason for and the duration of the |
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requested exemption; and |
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(2) [. A person requesting an exemption due to a
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physical or mental impairment must] attach to the affidavit a |
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statement from a physician. [The affidavit and physician's
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statement may be submitted to the court at the time the person is
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summoned for jury service or at any other time.] |
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(f) An affidavit accompanying a request for an exemption |
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from jury service under this section [because of a physical or
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mental impairment] may be presented by the affiant or by a friend or |
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relative of the affiant. The affidavit must state: |
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(1) the name and address of the physician whose |
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statement accompanies the affidavit; |
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(2) whether the request is for a permanent or |
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temporary exemption; |
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(3) the period of time for which a temporary exemption |
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is requested; and |
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(4) that as a direct result of the physical or mental |
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impairment it is impossible or very difficult for the affiant to |
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serve on a jury. |
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SECTION 6. Section 62.109(g), Government Code, is repealed. |
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SECTION 7. The change in law made by this Act applies only |
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to a juror who is impaneled on or after the effective date of this |
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Act. A juror who is impaneled before the effective date of this Act |
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is governed by the law in effect on the date the juror is impaneled, |
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and the former law is continued in effect for that purpose. |
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SECTION 8. This Act takes effect September 1, 2011. |