Texas 2009 - 81st Regular

Texas Senate Bill SB1070 Compare Versions

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1	1	By: Wentworth S.B. No. 1070
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to jury assembly and administration.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. The heading to Section 62.001, Government Code,
9	9	is amended to read as follows:
10	10	Sec. 62.001. JURY SOURCE; MASTER JURY LIST [RECONSTITUTION
11	11	OF JURY WHEEL].
12	12	SECTION 2. Section 62.001, Government Code, is amended by
13	13	amending Subsections (a), (b), (c), (d), (e), (f), and (g) and
14	14	adding Subsection (f-1) to read as follows:
15	15	(a) The secretary of state shall compile a master jury list
16	16	for each county [wheel must be reconstituted by] using, as the
17	17	source:
18	18	(1) the names of all persons on the current voter
19	19	registration lists from all the precincts in the county; and
20	20	(2) all names on a current list to be furnished by the
21	21	Department of Public Safety, subject to an agreement to use a
22	22	different procedure as authorized by Subsection (f), showing the
23	23	citizens of the county who:
24	24	(A) hold a valid Texas driver's license or a
25	25	valid personal identification card or certificate issued by the
26	26	department; and
27	27	(B) are not disqualified from jury service under
28	28	Section 62.102(1), (2), or (7).
29	29	(b) Notwithstanding Subsection (a), the names of persons
30	30	listed on a register of persons exempt from jury service may not be
31	31	placed in the master jury list [wheel], as provided by Sections
32	32	62.108 and 62.109.
33	33	(c) At the time [Each year not later than the third Tuesday
34	34	in November or the date provided by Section 16.032, Election Code,
35	35	for the cancellation of voter registrations, whichever is earlier,]
36	36	the voter registrar of each county furnishes information to the
37	37	secretary of state to maintain the statewide computerized voter
38	38	registration list as required by Section 18.061, Election Code, the
39	39	voter registrar shall also furnish to the secretary of state in an
40	40	electronic, downloadable format the [a] current voter registration
41	41	list from all the precincts in the county that, except as provided
42	42	by Subsection (d), includes:
43	43	(1) the complete name, mailing address, date of birth,
44	44	voter registration number, and precinct number for each voter;
45	45	(2) if available, the Texas driver's license number or
46	46	personal identification card or certificate number and social
47	47	security number for each voter; and
48	48	(3) any other information included on the voter
49	49	registration list of the county.
50	50	(d) The current voter registration list from all the county
51	51	precincts required by Subsection (c) may exclude, at the option of
52	52	the voter registrar of each county, the names of persons on the
53	53	suspense list maintained under Section 15.081, Election Code.
54	54	(e) The voter registrar shall send a list of the names of
55	55	persons excluded to the secretary of state with the current voter
56	56	registration list from all the county precincts required by
57	57	Subsection (c).
58	58	(f) Unless the Department of Public Safety and secretary of
59	59	state agree to a different procedure, the department [The
60	60	Department of Public Safety] shall furnish a list to the secretary
61	61	of state that shows the names required under Subsection (a)(2) and
62	62	that contains any of the information enumerated in Subsection (c)
63	63	that is available to the department, including citizenship status
64	64	and county of residence. The list shall exclude the names of
65	65	convicted felons, persons who are not citizens of the United
66	66	States, persons residing outside the county, and the duplicate name
67	67	of any registrant. The department shall furnish the list to the
68	68	secretary of state on or before the first Monday in January, April,
69	69	July, and October of each year.
70	70	(f-1) Each Monday, each county shall send to the secretary
71	71	of state a list that includes the name of each person who has served
72	72	as a petit juror in that county during the previous week and whose
73	73	name should be removed from the master jury list. The secretary of
74	74	state shall remove each name from the master jury list under this
75	75	section. The secretary of state shall return the name to the list
76	76	on the Monday following the second anniversary of the date the name
77	77	was removed, except that the name shall be returned to the master
78	78	jury list earlier or later than that date, as appropriate, if the
79	79	supreme court has approved a county plan authorizing a different
80	80	amount of time for exemption from service as a petit juror in that
81	81	county by a person who has previously served on a jury. For
82	82	purposes of this section, each county shall determine when a person
83	83	is considered to have served on a jury.
84	84	(g) The secretary of state shall accept the lists furnished
85	85	as provided by Subsections (c) through (f-1) [(f)]. The secretary
86	86	of state shall combine the lists and update the master jury list by
87	87	eliminating[, eliminate] duplicate names, removing the names of
88	88	convicted felons, deceased persons, and persons no longer residing
89	89	in the county, removing and returning names as required by
90	90	Subsection (f-1), and adding the names of persons qualified to
91	91	serve as a petit juror that are not currently on the list. The
92	92	secretary of state shall make [and send] the combined list
93	93	available to each county in an electronic, downloadable format not
94	94	later than the second Monday in January, April, July, and October
95	95	[on or before December 31] of each year [or as may be required under
96	96	a plan developed in accordance with Section 62.011. The district
97	97	clerk of a county that has adopted a plan under Section 62.011 shall
98	98	give the secretary of state notice not later than the 90th day
99	99	before the date the list is required]. The master jury list
100	100	[furnished the county must be in a format, electronic or printed
101	101	copy, as requested by the county and] must be certified by the
102	102	secretary of state stating that the list contains the names
103	103	required by Subsections (c) through (f-1) [(f), eliminating
104	104	duplications]. The secretary of state shall furnish the list free
105	105	of charge.
106	106	SECTION 3. Subchapter A, Chapter 62, Government Code, is
107	107	amended by adding Section 62.0011 to read as follows:
108	108	Sec. 62.0011. SUPREME COURT RULES. (a) The supreme court
109	109	shall adopt rules to govern the use of the master jury list and the
110	110	administration of jury panels, including procedures for:
111	111	(1) obtaining the master jury list from the secretary
112	112	of state;
113	113	(2) the drawing of names for jury lists;
114	114	(3) the issuance of juror summonses;
115	115	(4) answering a juror summons;
116	116	(5) the scheduling and rescheduling of jurors; and
117	117	(6) the selection of a jury panel.
118	118	(b) The supreme court may adopt rules that allow the
119	119	adoption of a written jury plan for a county. The rules must
120	120	specify which procedures specified by rules adopted under
121	121	Subsection (a) must be uniform throughout this state, and which
122	122	procedures may vary between counties based on a county's jury plan.
123	123	The rules may provide:
124	124	(1) a timeline for approving county jury plans; and
125	125	(2) that a county jury plan is approved if not rejected
126	126	by the supreme court within a specified number of days.
127	127	(c) A jury plan may not be adopted by a county until the plan
128	128	has been approved by the supreme court either explicitly or in
129	129	accordance with rules adopted under Subsection (b)(2). The jury
130	130	plan may address, subject to Subsection (a):
131	131	(1) the timing and frequency of the issuance of juror
132	132	summonses;
133	133	(2) the number of jurors that may be summoned;
134	134	(3) the manner by which a juror may be rescheduled;
135	135	(4) the manner by which the name of a rescheduled juror
136	136	is mixed into a jury list;
137	137	(5) the process by which panels are formed and
138	138	assigned to courts;
139	139	(6) whether jurors may be summoned to one central
140	140	location or to individual courts;
141	141	(7) the identity and number of persons responsible for
142	142	juror orientation;
143	143	(8) the procedure for juror orientation;
144	144	(9) the identity and number of persons responsible for
145	145	decisions on qualifications, exemptions, and rescheduling;
146	146	(10) the procedure for making decisions on juror
147	147	qualifications, exemptions, and rescheduling;
148	148	(11) the procedure for enhancing the accuracy of the
149	149	list of persons available for assignment to a jury list;
150	150	(12) whether a juror may be assigned for more than one
151	151	day or one trial, and the process for making that assignment;
152	152	(13) whether a juror may be immediately reassigned to
153	153	another trial after the juror has been eliminated due to a for-cause
154	154	or peremptory challenge, and the process for making the assignment;
155	155	(14) the manner in which the Internet may be used for
156	156	juror communications and rescheduling;
157	157	(15) special procedures for death-qualified capital
158	158	cases;
159	159	(16) whether justice of the peace or municipal courts
160	160	may use jurors that have been summoned by the county;
161	161	(17) when litigants or attorneys may be informed of
162	162	who has been summoned for jury duty; and
163	163	(18) any other matter the supreme court determines
164	164	needs to be addressed by a county for the efficient administration
165	165	of the jury assembly process.
166	166	SECTION 4. Subsection (d), Section 62.019, Government Code,
167	167	is amended to read as follows:
168	168	(d) The bailiffs and assistant and deputy bailiffs
169	169	appointed by the district judges shall take care of the general
170	170	panel and perform the duties in connection with the supervision of
171	171	the central jury room and the general panel that are required by the
172	172	district judges. They may notify prospective jurors whose names
173	173	are drawn from the master jury list [wheel] or selected by other
174	174	means provided by law to appear for jury service and may serve
175	175	notices on absent jurors as directed by the district judge having
176	176	control of the general jury panel.
177	177	SECTION 5. Section 62.106, Government Code, is amended to
178	178	read as follows:
179	179	Sec. 62.106. EXEMPTION FROM JURY SERVICE. [(a)] A person
180	180	qualified to serve as a petit juror may establish an exemption from
181	181	jury service if the person:
182	182	(1) is over 70 years of age;
183	183	(2) has legal custody of a child younger than 10 years
184	184	of age and the person's service on the jury requires leaving the
185	185	child without adequate supervision;
186	186	(3) is a student of a public or private secondary
187	187	school;
188	188	(4) is a person enrolled and in actual attendance at an
189	189	institution of higher education;
190	190	(5) is an officer or an employee of the senate, the
191	191	house of representatives, or any department, commission, board,
192	192	office, or other agency in the legislative branch of state
193	193	government;
194	194	(6) [is summoned for service in a county with a
195	195	population of at least 200,000, unless that county uses a jury plan
196	196	under Section 62.011 and the period authorized under Section
197	197	62.011(b)(5) exceeds two years, and the person has served as a petit
198	198	juror in the county during the 24-month period preceding the date
199	199	the person is to appear for jury service;
200	200	[(7)] is the primary caretaker of a person who is an
201	201	invalid unable to care for himself; or
202	202	(7) [(8) except as provided by Subsection (b), is
203	203	summoned for service in a county with a population of at least
204	204	250,000 and the person has served as a petit juror in the county
205	205	during the three-year period preceding the date the person is to
206	206	appear for jury service; or
207	207	[(9)] is a member of the United States military forces
208	208	serving on active duty and deployed to a location away from the
209	209	person's home station and out of the person's county of residence.
210	210	[(b) Subsection (a)(8) does not apply if the jury wheel in
211	211	the county has been reconstituted after the date the person served
212	212	as a petit juror.]
213	213	SECTION 6. Subsection (b), Section 62.107, Government Code,
214	214	is amended to read as follows:
215	215	(b) A person may also claim an exemption from jury service
216	216	under Section 62.106 by filing with the sheriff, tax
217	217	assessor-collector, or district or county clerk of the county of
218	218	the person's [his] residence a sworn statement that sets forth the
219	219	ground of and claims the exemption. The name of a person who claims
220	220	an [his] exemption by filing the sworn statement may not be placed
221	221	on [in] the master jury list [wheel] for the ensuing year.
222	222	SECTION 7. Subsection (d), Section 62.108, Government Code,
223	223	is amended to read as follows:
224	224	(d) The name of a person on the register of persons
225	225	permanently exempt from jury service may not be placed on [in] the
226	226	master jury list [wheel] or otherwise used in preparing the record
227	227	of names from which a jury is selected.
228	228	SECTION 8. Subsection (d), Section 62.109, Government Code,
229	229	is amended to read as follows:
230	230	(d) A person listed on the register may not be summoned for
231	231	jury service during the period for which the person is exempt. The
232	232	name of a person listed on the register may not be placed on [in] the
233	233	master jury list [wheel] or otherwise used in preparing the record
234	234	of names from which a jury list is selected during the period for
235	235	which the person is exempt.
236	236	SECTION 9. Subsection (b), Section 62.110, Government Code,
237	237	is amended to read as follows:
238	238	(b) Pursuant to a plan approved by the commissioners court
239	239	of the county [in the same manner as a plan is approved for jury
240	240	selection under Section 62.011], the court's designee may:
241	241	(1) hear any reasonable excuse of a prospective juror,
242	242	including any claim of an exemption or a lack of qualification; and
243	243	(2) discharge the juror or release the juror [him]
244	244	from jury service until a specified day of the term, as appropriate,
245	245	if:
246	246	(A) the excuse is considered sufficient; and
247	247	(B) the juror submits to the court's designee a
248	248	statement of the ground of the exemption or lack of qualification or
249	249	other excuse.
250	250	SECTION 10. Subsections (a) and (c), Section 62.302,
251	251	Government Code, are amended to read as follows:
252	252	(a) The county judge or a judge of a county court at law may
253	253	order the drawing of names from the master jury list [wheel] if the
254	254	judge considers the number of prospective jurors already drawn to
255	255	be insufficient or if an interchangeable general jury panel is not
256	256	drawn as provided by rules adopted by the supreme court or a jury
257	257	plan approved by the supreme court [Section 62.016, 62.017, or
258	258	62.0175].
259	259	(c) The county judge and a judge of a county court at law
260	260	concurrently have the same power to determine and remedy a
261	261	deficiency in the number of prospective jurors as the district
262	262	judge designated to control a general jury panel as provided by
263	263	rules adopted by the supreme court or a jury plan approved by the
264	264	supreme court [Section 62.016, 62.017, or 62.0175. Except as
265	265	otherwise provided by this section, the applicable general
266	266	provisions in Subchapter A that govern the drawing of names of
267	267	prospective jurors by the district judge govern the drawing of
268	268	names under this section].
269	269	SECTION 11. Subsections (a) and (c), Section 62.412,
270	270	Government Code, are amended to read as follows:
271	271	(a) A county that uses interchangeable juries [under
272	272	Section 62.016] may summon a prospective juror to report directly
273	273	to a justice court in the precinct in which that person resides.
274	274	(c) A justice of the peace may command the sheriff or
275	275	constable to immediately summon additional persons for jury service
276	276	in the justice court if the number of qualified jurors[, including
277	277	persons summoned under Section 62.016,] is less than the number
278	278	necessary for the justice court to conduct its proceedings.
279	279	SECTION 12. Articles 34.02 and 34.03, Code of Criminal
280	280	Procedure, are amended to read as follows:
281	281	Art. 34.02. ADDITIONAL NAMES DRAWN. In any criminal case in
282	282	which the court deems that the veniremen theretofore drawn will be
283	283	insufficient for the trial of the case, or in any criminal case in
284	284	which the venire has been exhausted by challenge or otherwise, the
285	285	court shall order additional veniremen in such numbers as the court
286	286	may deem advisable, to be summoned as follows:
287	287	(a) In a master jury list [wheel] county, the names of those
288	288	to be summoned shall be drawn from the master jury list [wheel].
289	289	(b) In counties not using the master jury list [wheel], the
290	290	veniremen shall be summoned by the sheriff.
291	291	Art. 34.03. INSTRUCTIONS TO SHERIFF. When the sheriff is
292	292	ordered by the court to summon persons upon a special venire whose
293	293	names have not been selected under the master jury list [Jury Wheel
294	294	Law], the court shall, in every case, caution and direct the sheriff
295	295	to summon such persons as have legal qualifications to serve on
296	296	juries, informing him of what those qualifications are, and shall
297	297	direct him, as far as he may be able to summon persons of good
298	298	character who can read and write, and such as are not prejudiced
299	299	against the defendant or biased in his favor, if he knows of such
300	300	bias or prejudice.
301	301	SECTION 13. (a) The following provisions of the Government
302	302	Code are repealed:
303	303	(1) Subsection (k), Section 25.2422;
304	304	(2) Subsections (h), (i), (j), and (k), Section 62.001;
305	305	(3) Section 62.002;
306	306	(4) Section 62.003;
307	307	(5) Section 62.004;
308	308	(6) Section 62.005;
309	309	(7) Section 62.006;
310	310	(8) Section 62.007;
311	311	(9) Section 62.008;
312	312	(10) Section 62.009;
313	313	(11) Section 62.010;
314	314	(12) Section 62.011;
315	315	(13) Section 62.0111;
316	316	(14) Section 62.012;
317	317	(15) Section 62.013;
318	318	(16) Section 62.014;
319	319	(17) Section 62.0142;
320	320	(18) Section 62.0143;
321	321	(19) Section 62.0144;
322	322	(20) Section 62.0145;
323	323	(21) Section 62.0146;
324	324	(22) Section 62.015;
325	325	(23) Section 62.016;
326	326	(24) Section 62.017;
327	327	(25) Section 62.0175;
328	328	(26) Section 62.018; and
329	329	(27) Section 62.021.
330	330	(b) The following articles of the Code of Criminal Procedure
331	331	are repealed:
332	332	(1) Article 35.03;
333	333	(2) Article 35.04;
334	334	(3) Article 35.05;
335	335	(4) Article 35.11; and
336	336	(5) Article 35.12.
337	337	SECTION 14. Not later than December 1, 2009, the Texas
338	338	Supreme Court shall adopt rules as required by Section 62.0011,
339	339	Government Code, as added by this Act, to take effect January 1,
340	340	2010.
341	341	SECTION 15. The change in law made by this Act applies only
342	342	to a person summoned to appear for jury service who is required to
343	343	appear on or after January 1, 2010. A person summoned to appear for
344	344	jury service who is required to appear before January 1, 2010, is
345	345	governed by the law in effect on the date the person is required to
346	346	appear, and the former law is continued in effect for that purpose.
347	347	SECTION 16. A master jury list in use on the effective date
348	348	of this Act continues in effect until the earlier of:
349	349	(1) March 31, 2010; or
350	350	(2) the date a master jury list is compiled and made
351	351	available to a county using procedures implemented as required by
352	352	this Act.
353	353	SECTION 17. This Act does not make an appropriation. A
354	354	provision in this Act that creates a new governmental program,
355	355	creates a new entitlement, or imposes a new duty on a governmental
356	356	entity is not mandatory during a fiscal period for which the
357	357	legislature has not made a specific appropriation to implement the
358	358	provision.
359	359	SECTION 18. (a) Except as provided by Subsection (b) of
360	360	this section, this Act takes effect January 1, 2010.
361	361	(b) Sections 3 and 14 of this Act and this section take
362	362	effect September 1, 2009.