81R778 TJS-D
By: Bonnen H.B. No. 501
A BILL TO BE ENTITLED
AN ACT
relating to a person's ability to read and write in English as a
qualification for service as a petit juror.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 62.102, Government Code, is amended to
read as follows:
Sec. 62.102. GENERAL QUALIFICATIONS FOR JURY SERVICE. A
person is disqualified to serve as a petit juror unless the person:
(1) is at least 18 years of age;
(2) is a citizen of this state and of the county in
which the person is to serve as a juror;
(3) is qualified under the constitution and laws to
vote in the county in which the person is to serve as a juror;
(4) is of sound mind and good moral character;
(5) is able to read and write English;
(6) has not served as a petit juror for six days during
the preceding three months in the county court or during the
preceding six months in the district court;
(7) has not been convicted of misdemeanor theft or a
felony; and
(8) is not under indictment or other legal accusation
for misdemeanor theft or a felony.
SECTION 2. Section 62.103(a), Government Code, is amended
to read as follows:
(a) A court may suspend the qualification for jury service
that requires a person to be able to read and write English if it
appears to the court that the requisite number of jurors able to
read and write English cannot be found in the county.
SECTION 3. The heading to Section 62.109, Government Code,
is amended to read as follows:
Sec. 62.109. EXEMPTION FOR PHYSICAL OR MENTAL IMPAIRMENT
[OR INABILITY TO COMPREHEND ENGLISH].
SECTION 4. Sections 62.109(a), (b), and (f), Government
Code, are amended to read as follows:
(a) The judge of a district court by order may permanently
or for a specified period exempt from service as a juror in all the
county and district courts in the county a person with a physical or
mental impairment [or with an inability to comprehend or
communicate in the English language] that makes it impossible or
very difficult for the person to serve on a jury.
(b) At the time the person is summoned for jury service or at
any other time, a [A] person requesting an exemption under this
section must:
(1) submit to the court an affidavit stating the
person's name and address and the reason for and the duration of the
requested exemption; and
(2) [. A person requesting an exemption due to a
physical or mental impairment must] attach to the affidavit a
statement from a physician. [The affidavit and physician's
statement may be submitted to the court at the time the person is
summoned for jury service or at any other time.]
(f) An affidavit accompanying a request for an exemption
from jury service [because of a physical or mental impairment] may
be presented by the affiant or by a friend or relative of the
affiant. The affidavit must state:
(1) the name and address of the physician whose
statement accompanies the affidavit;
(2) whether the request is for a permanent or
temporary exemption;
(3) the period of time for which a temporary exemption
is requested; and
(4) that as a direct result of the physical or mental
impairment it is impossible or very difficult for the affiant to
serve on a jury.
SECTION 5. Section 62.109(g), Government Code, is repealed.
SECTION 6. The change in law made by this Act applies only
to a juror who is impaneled on or after the effective date of this
Act. A juror who is impaneled before the effective date of this Act
is governed by the law in effect on the date the juror is impaneled,
and the former law is continued in effect for that purpose.
SECTION 7. This Act takes effect September 1, 2009.