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