BILL ANALYSIS

 

 

Senate Research Center

S.B. 681

 

By: Zaffirini

 

State Affairs

 

5/29/2015

 

Enrolled

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

In counties with at least nine district courts, a majority of the district judges may, with the approval of the commissioners court, appoint a bailiff to be in charge of the central jury room for the county. The statute that authorizes the use of an electronic jury selection system refers to “the district clerk” as the person in charge of jury selection. The longstanding practice in Bexar County, however, has been for the bailiff in charge of the central jury room to administer the electronic jury selection process as well. This bill would make clear that, in Bexar County, the central jury room bailiff may administer electronic jury selection. 

 

S.B. 681 amends current law relating to a bailiff administering the selection of names of persons for jury service in certain counties.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends Section 62.001(g), Government Code, to require the district clerk or bailiff designated as the officer in charge of the jury selection process for a county that has adopted a plan under Section 62.011 (Electronic or Mechanical Method of Selection) to give the secretary of state notice not later than the 90th day before the date the list is required. Makes a nonsubstantive change.

 

SECTION 2. Amends Section 62.011(b), Government Code, as follows:

 

(b) Requires a plan authorized by this section for the selection of names of prospective jurors to, among other requirements set forth in this subsection, designate the district clerk, or in a county with a population of at least 1.7 million and in which more than 75 percent of the population resides in a single municipality, a bailiff appointed as provided under Section 62.019 (Bailiffs for General Panels), as the officer in charge of the selection process and define the officer's duties. Makes a nonsubstantive change.

 

SECTION 3. Amends Section 62.0145, Government Code, to authorize the district clerk, or in a county with a population of at least 1.7 million and in which more than 75 percent of the population resides in a single municipality, a bailiff appointed as provided under Section 62.019, to remove the person's name from the record of names for selection of names for jury service under Section 62.011, except as provided by Section 62.0146 (Updating Addresses of Certain Persons in Pool of Prospective Jurors), if a written summons for jury service is undeliverable.

 

SECTION 4. Effective date: upon passage or September 1, 2015.