82S10047 CAE-D
By: Bonnen H.B. No. 47
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. Article 35.16(a), Code of Criminal Procedure, is
amended to read as follows:
(a) A challenge for cause is an objection made to a
particular juror, alleging some fact which renders the juror
incapable or unfit to serve on the jury. A challenge for cause may
be made by either the state or the defense for any one of the
following reasons:
1. That the juror is not a qualified voter in the state
and county under the Constitution and laws of the state; provided,
however, the failure to register to vote shall not be a
disqualification;
2. That the juror has been convicted of misdemeanor
theft or a felony;
3. That the juror is under indictment or other legal
accusation for misdemeanor theft or a felony;
4. That the juror is insane;
5. That the juror has such defect in the organs of
feeling or hearing, or such bodily or mental defect or disease as to
render the juror unfit for jury service, or that the juror is
legally blind and the court in its discretion is not satisfied that
the juror is fit for jury service in that particular case;
6. That the juror is a witness in the case;
7. That the juror served on the grand jury which found
the indictment;
8. That the juror served on a petit jury in a former
trial of the same case;
9. That the juror has a bias or prejudice in favor of
or against the defendant;
10. That from hearsay, or otherwise, there is
established in the mind of the juror such a conclusion as to the
guilt or innocence of the defendant as would influence the juror in
finding a verdict. To ascertain whether this cause of challenge
exists, the juror shall first be asked whether, in the juror's
opinion, the conclusion so established will influence the juror's
verdict. If the juror answers in the affirmative, the juror shall
be discharged without further interrogation by either party or the
court. If the juror answers in the negative, the juror shall be
further examined as to how the juror's conclusion was formed, and
the extent to which it will affect the juror's action; and, if it
appears to have been formed from reading newspaper accounts,
communications, statements or reports or mere rumor or hearsay, and
if the juror states that the juror feels able, notwithstanding such
opinion, to render an impartial verdict upon the law and the
evidence, the court, if satisfied that the juror is impartial and
will render such verdict, may, in its discretion, admit the juror as
competent to serve in such case. If the court, in its discretion,
is not satisfied that the juror is impartial, the juror shall be
discharged;
11. That the juror cannot read or write English.
No juror shall be impaneled when it appears that the juror is
subject to the second, third or fourth grounds of challenge for
cause set forth above, although both parties may consent. All other
grounds for challenge may be waived by the party or parties in whose
favor such grounds of challenge exist.
In this subsection "legally blind" shall mean having not more
than 20/200 of visual acuity in the better eye with correcting
lenses, or visual acuity greater than 20/200 but with a limitation
in the field of vision such that the widest diameter of the visual
field subtends an angle no greater than 20 degrees.
SECTION 2. 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 3. 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 4. 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 5. 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 under this section [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 6. Section 62.109(g), Government Code, is repealed.
SECTION 7. 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 8. This Act takes effect on the 91st day after the
last day of the legislative session.