Texas 2009 - 81st Regular

Texas House Bill HB501 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R778 TJS-D
2	2	By: Bonnen H.B. No. 501
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to a person's ability to read and write in English as a
8	8	qualification for service as a petit juror.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 62.102, Government Code, is amended to
11	11	read as follows:
12	12	Sec. 62.102. GENERAL QUALIFICATIONS FOR JURY SERVICE. A
13	13	person is disqualified to serve as a petit juror unless the person:
14	14	(1) is at least 18 years of age;
15	15	(2) is a citizen of this state and of the county in
16	16	which the person is to serve as a juror;
17	17	(3) is qualified under the constitution and laws to
18	18	vote in the county in which the person is to serve as a juror;
19	19	(4) is of sound mind and good moral character;
20	20	(5) is able to read and write English;
21	21	(6) has not served as a petit juror for six days during
22	22	the preceding three months in the county court or during the
23	23	preceding six months in the district court;
24	24	(7) has not been convicted of misdemeanor theft or a
25	25	felony; and
26	26	(8) is not under indictment or other legal accusation
27	27	for misdemeanor theft or a felony.
28	28	SECTION 2. Section 62.103(a), Government Code, is amended
29	29	to read as follows:
30	30	(a) A court may suspend the qualification for jury service
31	31	that requires a person to be able to read and write English if it
32	32	appears to the court that the requisite number of jurors able to
33	33	read and write English cannot be found in the county.
34	34	SECTION 3. The heading to Section 62.109, Government Code,
35	35	is amended to read as follows:
36	36	Sec. 62.109. EXEMPTION FOR PHYSICAL OR MENTAL IMPAIRMENT
37	37	[OR INABILITY TO COMPREHEND ENGLISH].
38	38	SECTION 4. Sections 62.109(a), (b), and (f), Government
39	39	Code, are amended to read as follows:
40	40	(a) The judge of a district court by order may permanently
41	41	or for a specified period exempt from service as a juror in all the
42	42	county and district courts in the county a person with a physical or
43	43	mental impairment [or with an inability to comprehend or
44	44	communicate in the English language] that makes it impossible or
45	45	very difficult for the person to serve on a jury.
46	46	(b) At the time the person is summoned for jury service or at
47	47	any other time, a [A] person requesting an exemption under this
48	48	section must:
49	49	(1) submit to the court an affidavit stating the
50	50	person's name and address and the reason for and the duration of the
51	51	requested exemption; and
52	52	(2) [. A person requesting an exemption due to a
53	53	physical or mental impairment must] attach to the affidavit a
54	54	statement from a physician. [The affidavit and physician's
55	55	statement may be submitted to the court at the time the person is
56	56	summoned for jury service or at any other time.]
57	57	(f) An affidavit accompanying a request for an exemption
58	58	from jury service [because of a physical or mental impairment] may
59	59	be presented by the affiant or by a friend or relative of the
60	60	affiant. The affidavit must state:
61	61	(1) the name and address of the physician whose
62	62	statement accompanies the affidavit;
63	63	(2) whether the request is for a permanent or
64	64	temporary exemption;
65	65	(3) the period of time for which a temporary exemption
66	66	is requested; and
67	67	(4) that as a direct result of the physical or mental
68	68	impairment it is impossible or very difficult for the affiant to
69	69	serve on a jury.
70	70	SECTION 5. Section 62.109(g), Government Code, is repealed.
71	71	SECTION 6. The change in law made by this Act applies only
72	72	to a juror who is impaneled on or after the effective date of this
73	73	Act. A juror who is impaneled before the effective date of this Act
74	74	is governed by the law in effect on the date the juror is impaneled,
75	75	and the former law is continued in effect for that purpose.
76	76	SECTION 7. This Act takes effect September 1, 2009.