1 | 1 | | 84R2426 SRS-D |
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2 | 2 | | By: Rodriguez of Bexar H.B. No. 2370 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to a bailiff administering the selection of names of |
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8 | 8 | | persons for jury service. |
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9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 10 | | SECTION 1. Section 62.001(g), Government Code, is amended |
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11 | 11 | | to read as follows: |
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12 | 12 | | (g) The secretary of state shall accept the lists furnished |
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13 | 13 | | as provided by Subsections (c) through (f). The secretary of state |
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14 | 14 | | shall combine the lists, eliminate duplicate names, and send the |
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15 | 15 | | combined list to each county on or before December 31 of each year |
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16 | 16 | | or as may be required under a plan developed in accordance with |
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17 | 17 | | Section 62.011. The district clerk or bailiff designated as the |
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18 | 18 | | officer in charge of the jury selection process for [of] a county |
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19 | 19 | | that has adopted a plan under Section 62.011 shall give the |
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20 | 20 | | secretary of state notice not later than the 90th day before the |
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21 | 21 | | date the list is required. The list furnished the county must be in |
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22 | 22 | | a format, electronic or printed copy, as requested by the county and |
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23 | 23 | | must be certified by the secretary of state stating that the list |
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24 | 24 | | contains the names required by Subsections (c) through (f), |
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25 | 25 | | eliminating duplications. The secretary of state shall furnish the |
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26 | 26 | | list free of charge. |
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27 | 27 | | SECTION 2. Section 62.011(b), Government Code, is amended |
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28 | 28 | | to read as follows: |
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29 | 29 | | (b) A plan authorized by this section for the selection of |
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30 | 30 | | names of prospective jurors must: |
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31 | 31 | | (1) be proposed in writing to the commissioners court |
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32 | 32 | | by a majority of the district and criminal district judges of the |
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33 | 33 | | county at a meeting of the judges called for that purpose; |
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34 | 34 | | (2) specify that the source of names of persons for |
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35 | 35 | | jury service is the same as that provided by Section 62.001 and that |
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36 | 36 | | the names of persons listed in a register of persons exempt from |
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37 | 37 | | jury service may not be used in preparing the record of names from |
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38 | 38 | | which a jury list is selected, as provided by Sections 62.108 and |
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39 | 39 | | 62.109; |
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40 | 40 | | (3) provide a fair, impartial, and objective method of |
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41 | 41 | | selecting names of persons for jury service with the aid of |
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42 | 42 | | electronic or mechanical equipment; |
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43 | 43 | | (4) designate the district clerk or a bailiff |
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44 | 44 | | appointed as provided under Section 62.019 as the officer in charge |
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45 | 45 | | of the selection process and define the officer's [his] duties; and |
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46 | 46 | | (5) provide that the method of selection either will |
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47 | 47 | | use the same record of names for the selection of persons for jury |
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48 | 48 | | service until that record is exhausted or will use the same record |
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49 | 49 | | of names for a period of time specified by the plan. |
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50 | 50 | | SECTION 3. Section 62.0145, Government Code, is amended to |
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51 | 51 | | read as follows: |
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52 | 52 | | Sec. 62.0145. REMOVAL OF CERTAIN PERSONS FROM POOL OF |
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53 | 53 | | PROSPECTIVE JURORS. Except as provided by Section 62.0146, if a |
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54 | 54 | | written summons for jury service sent by a sheriff, constable, or |
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55 | 55 | | bailiff is undeliverable, the county or district clerk may remove |
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56 | 56 | | from the jury wheel the jury wheel card for the person summoned or |
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57 | 57 | | the district clerk or a bailiff appointed as provided under Section |
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58 | 58 | | 62.019 may remove the person's name from the record of names for |
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59 | 59 | | selection of persons for jury service under Section 62.011. |
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60 | 60 | | SECTION 4. This Act takes effect immediately if it receives |
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61 | 61 | | a vote of two-thirds of all the members elected to each house, as |
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62 | 62 | | provided by Section 39, Article III, Texas Constitution. If this |
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63 | 63 | | Act does not receive the vote necessary for immediate effect, this |
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64 | 64 | | Act takes effect September 1, 2015. |
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