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