Texas 2015 - 84th Regular

Texas House Bill HB2370 Compare Versions

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11 84R2426 SRS-D
22 By: Rodriguez of Bexar H.B. No. 2370
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55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to a bailiff administering the selection of names of
88 persons for jury service.
99 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1010 SECTION 1. Section 62.001(g), Government Code, is amended
1111 to read as follows:
1212 (g) The secretary of state shall accept the lists furnished
1313 as provided by Subsections (c) through (f). The secretary of state
1414 shall combine the lists, eliminate duplicate names, and send the
1515 combined list to each county on or before December 31 of each year
1616 or as may be required under a plan developed in accordance with
1717 Section 62.011. The district clerk or bailiff designated as the
1818 officer in charge of the jury selection process for [of] a county
1919 that has adopted a plan under Section 62.011 shall give the
2020 secretary of state notice not later than the 90th day before the
2121 date the list is required. The list furnished the county must be in
2222 a format, electronic or printed copy, as requested by the county and
2323 must be certified by the secretary of state stating that the list
2424 contains the names required by Subsections (c) through (f),
2525 eliminating duplications. The secretary of state shall furnish the
2626 list free of charge.
2727 SECTION 2. Section 62.011(b), Government Code, is amended
2828 to read as follows:
2929 (b) A plan authorized by this section for the selection of
3030 names of prospective jurors must:
3131 (1) be proposed in writing to the commissioners court
3232 by a majority of the district and criminal district judges of the
3333 county at a meeting of the judges called for that purpose;
3434 (2) specify that the source of names of persons for
3535 jury service is the same as that provided by Section 62.001 and that
3636 the names of persons listed in a register of persons exempt from
3737 jury service may not be used in preparing the record of names from
3838 which a jury list is selected, as provided by Sections 62.108 and
3939 62.109;
4040 (3) provide a fair, impartial, and objective method of
4141 selecting names of persons for jury service with the aid of
4242 electronic or mechanical equipment;
4343 (4) designate the district clerk or a bailiff
4444 appointed as provided under Section 62.019 as the officer in charge
4545 of the selection process and define the officer's [his] duties; and
4646 (5) provide that the method of selection either will
4747 use the same record of names for the selection of persons for jury
4848 service until that record is exhausted or will use the same record
4949 of names for a period of time specified by the plan.
5050 SECTION 3. Section 62.0145, Government Code, is amended to
5151 read as follows:
5252 Sec. 62.0145. REMOVAL OF CERTAIN PERSONS FROM POOL OF
5353 PROSPECTIVE JURORS. Except as provided by Section 62.0146, if a
5454 written summons for jury service sent by a sheriff, constable, or
5555 bailiff is undeliverable, the county or district clerk may remove
5656 from the jury wheel the jury wheel card for the person summoned or
5757 the district clerk or a bailiff appointed as provided under Section
5858 62.019 may remove the person's name from the record of names for
5959 selection of persons for jury service under Section 62.011.
6060 SECTION 4. This Act takes effect immediately if it receives
6161 a vote of two-thirds of all the members elected to each house, as
6262 provided by Section 39, Article III, Texas Constitution. If this
6363 Act does not receive the vote necessary for immediate effect, this
6464 Act takes effect September 1, 2015.