| 1 | 1 | | H.B. No. 1665 |
|---|
| 2 | 2 | | |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | AN ACT |
|---|
| 5 | 5 | | relating to the penalty imposed on defaulting jurors. |
|---|
| 6 | 6 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 7 | 7 | | SECTION 1. Section 62.111, Government Code, is amended to |
|---|
| 8 | 8 | | read as follows: |
|---|
| 9 | 9 | | Sec. 62.111. PENALTY FOR DEFAULTING JURORS. A juror |
|---|
| 10 | 10 | | lawfully notified shall be fined not less than $100 [$10] nor more |
|---|
| 11 | 11 | | than $500 [$100] if the juror [he]: |
|---|
| 12 | 12 | | (1) fails to attend court in obedience to the notice |
|---|
| 13 | 13 | | without reasonable excuse; or |
|---|
| 14 | 14 | | (2) files a false claim of exemption from jury |
|---|
| 15 | 15 | | service. |
|---|
| 16 | 16 | | SECTION 2. Article 19.16, Code of Criminal Procedure, is |
|---|
| 17 | 17 | | amended to read as follows: |
|---|
| 18 | 18 | | Art. 19.16. ABSENT JUROR FINED. A juror legally summoned, |
|---|
| 19 | 19 | | failing to attend without a reasonable excuse, may, by order of the |
|---|
| 20 | 20 | | court entered on the record, be fined not less than $100 [ten |
|---|
| 21 | 21 | | dollars] nor more than $500 [one hundred dollars]. |
|---|
| 22 | 22 | | SECTION 3. Article 35.01, Code of Criminal Procedure, is |
|---|
| 23 | 23 | | amended to read as follows: |
|---|
| 24 | 24 | | Art. 35.01. JURORS CALLED. When a case is called for trial |
|---|
| 25 | 25 | | and the parties have announced ready for trial, the names of those |
|---|
| 26 | 26 | | summoned as jurors in the case shall be called. Those not present |
|---|
| 27 | 27 | | may be fined not less than $100 nor more than $500 [not exceeding |
|---|
| 28 | 28 | | fifty dollars]. An attachment may issue on request of either party |
|---|
| 29 | 29 | | for any absent summoned juror, to have him brought forthwith before |
|---|
| 30 | 30 | | the court. A person who is summoned but not present, may upon an |
|---|
| 31 | 31 | | appearance, before the jury is qualified, be tried as to his |
|---|
| 32 | 32 | | qualifications and impaneled as a juror unless challenged, but no |
|---|
| 33 | 33 | | cause shall be unreasonably delayed on account of his absence. |
|---|
| 34 | 34 | | SECTION 4. The change in law made by this Act applies only |
|---|
| 35 | 35 | | to a juror who fails to attend or provides a false claim of |
|---|
| 36 | 36 | | exemption on or after the effective date of this Act. A violation |
|---|
| 37 | 37 | | that occurred before the effective date of this Act is governed by |
|---|
| 38 | 38 | | the law in effect when the violation occurred, and the former law is |
|---|
| 39 | 39 | | continued in effect for that purpose. |
|---|
| 40 | 40 | | SECTION 5. This Act takes effect September 1, 2009. |
|---|
| 41 | 41 | | ______________________________ ______________________________ |
|---|
| 42 | 42 | | President of the Senate Speaker of the House |
|---|
| 43 | 43 | | I certify that H.B. No. 1665 was passed by the House on May |
|---|
| 44 | 44 | | 15, 2009, by the following vote: Yeas 144, Nays 0, 1 present, not |
|---|
| 45 | 45 | | voting. |
|---|
| 46 | 46 | | ______________________________ |
|---|
| 47 | 47 | | Chief Clerk of the House |
|---|
| 48 | 48 | | I certify that H.B. No. 1665 was passed by the Senate on May |
|---|
| 49 | 49 | | 25, 2009, by the following vote: Yeas 30, Nays 1. |
|---|
| 50 | 50 | | ______________________________ |
|---|
| 51 | 51 | | Secretary of the Senate |
|---|
| 52 | 52 | | APPROVED: _____________________ |
|---|
| 53 | 53 | | Date |
|---|
| 54 | 54 | | _____________________ |
|---|
| 55 | 55 | | Governor |
|---|