Texas 2015 - 84th Regular

Texas House Bill HB629 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R4446 YDB-D
2	2	By: Bonnen of Galveston H.B. No. 629
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to a person's ability to read and write in English as a
8	8	qualification for service as a petit juror.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Article 35.16(a), Code of Criminal Procedure, is
11	11	amended to read as follows:
12	12	(a) A challenge for cause is an objection made to a
13	13	particular juror, alleging some fact which renders the juror
14	14	incapable or unfit to serve on the jury. A challenge for cause may
15	15	be made by either the state or the defense for any one of the
16	16	following reasons:
17	17	1. That the juror is not a qualified voter in the state
18	18	and county under the Constitution and laws of the state; provided,
19	19	however, the failure to register to vote shall not be a
20	20	disqualification;
21	21	2. That the juror has been convicted of misdemeanor
22	22	theft or a felony;
23	23	3. That the juror is under indictment or other legal
24	24	accusation for misdemeanor theft or a felony;
25	25	4. That the juror is insane;
26	26	5. That the juror has such defect in the organs of
27	27	feeling or hearing, or such bodily or mental defect or disease as to
28	28	render the juror unfit for jury service, or that the juror is
29	29	legally blind and the court in its discretion is not satisfied that
30	30	the juror is fit for jury service in that particular case;
31	31	6. That the juror is a witness in the case;
32	32	7. That the juror served on the grand jury which found
33	33	the indictment;
34	34	8. That the juror served on a petit jury in a former
35	35	trial of the same case;
36	36	9. That the juror has a bias or prejudice in favor of
37	37	or against the defendant;
38	38	10. That from hearsay, or otherwise, there is
39	39	established in the mind of the juror such a conclusion as to the
40	40	guilt or innocence of the defendant as would influence the juror in
41	41	finding a verdict. To ascertain whether this cause of challenge
42	42	exists, the juror shall first be asked whether, in the juror's
43	43	opinion, the conclusion so established will influence the juror's
44	44	verdict. If the juror answers in the affirmative, the juror shall
45	45	be discharged without further interrogation by either party or the
46	46	court. If the juror answers in the negative, the juror shall be
47	47	further examined as to how the juror's conclusion was formed, and
48	48	the extent to which it will affect the juror's action; and, if it
49	49	appears to have been formed from reading newspaper accounts,
50	50	communications, statements or reports or mere rumor or hearsay, and
51	51	if the juror states that the juror feels able, notwithstanding such
52	52	opinion, to render an impartial verdict upon the law and the
53	53	evidence, the court, if satisfied that the juror is impartial and
54	54	will render such verdict, may, in its discretion, admit the juror as
55	55	competent to serve in such case. If the court, in its discretion,
56	56	is not satisfied that the juror is impartial, the juror shall be
57	57	discharged;
58	58	11. That the juror cannot read or write English.
59	59	No juror shall be impaneled when it appears that the juror is
60	60	subject to the second, third or fourth grounds of challenge for
61	61	cause set forth above, although both parties may consent. All other
62	62	grounds for challenge may be waived by the party or parties in whose
63	63	favor such grounds of challenge exist.
64	64	In this subsection "legally blind" shall mean having not more
65	65	than 20/200 of visual acuity in the better eye with correcting
66	66	lenses, or visual acuity greater than 20/200 but with a limitation
67	67	in the field of vision such that the widest diameter of the visual
68	68	field subtends an angle no greater than 20 degrees.
69	69	SECTION 2. Section 62.102, Government Code, is amended to
70	70	read as follows:
71	71	Sec. 62.102. GENERAL QUALIFICATIONS FOR JURY SERVICE. A
72	72	person is disqualified to serve as a petit juror unless the person:
73	73	(1) is at least 18 years of age;
74	74	(2) is a citizen of this state and of the county in
75	75	which the person is to serve as a juror;
76	76	(3) is qualified under the constitution and laws to
77	77	vote in the county in which the person is to serve as a juror;
78	78	(4) is of sound mind and good moral character;
79	79	(5) is able to read and write English;
80	80	(6) has not served as a petit juror for six days during
81	81	the preceding three months in the county court or during the
82	82	preceding six months in the district court;
83	83	(7) has not been convicted of misdemeanor theft or a
84	84	felony; and
85	85	(8) is not under indictment or other legal accusation
86	86	for misdemeanor theft or a felony.
87	87	SECTION 3. Section 62.103(a), Government Code, is amended
88	88	to read as follows:
89	89	(a) A court may suspend the qualification for jury service
90	90	that requires a person to be able to read and write English if it
91	91	appears to the court that the requisite number of jurors able to
92	92	read and write English cannot be found in the county.
93	93	SECTION 4. The heading to Section 62.109, Government Code,
94	94	is amended to read as follows:
95	95	Sec. 62.109. EXEMPTION FOR PHYSICAL OR MENTAL IMPAIRMENT
96	96	[OR INABILITY TO COMPREHEND ENGLISH].
97	97	SECTION 5. Sections 62.109(a), (b), and (f), Government
98	98	Code, are amended to read as follows:
99	99	(a) The judge of a district court by order may permanently
100	100	or for a specified period exempt from service as a juror in all the
101	101	county and district courts in the county a person with a physical or
102	102	mental impairment [or with an inability to comprehend or
103	103	communicate in the English language] that makes it impossible or
104	104	very difficult for the person to serve on a jury.
105	105	(b) At the time the person is summoned for jury service or at
106	106	any other time, a [A] person requesting an exemption under this
107	107	section must:
108	108	(1) submit to the court an affidavit stating the
109	109	person's name and address and the reason for and the duration of the
110	110	requested exemption; and
111	111	(2) [. A person requesting an exemption due to a
112	112	physical or mental impairment must] attach to the affidavit a
113	113	statement from a physician. [The affidavit and physician's
114	114	statement may be submitted to the court at the time the person is
115	115	summoned for jury service or at any other time.]
116	116	(f) An affidavit accompanying a request for an exemption
117	117	from jury service under this section [because of a physical or
118	118	mental impairment] may be presented by the affiant or by a friend or
119	119	relative of the affiant. The affidavit must state:
120	120	(1) the name and address of the physician whose
121	121	statement accompanies the affidavit;
122	122	(2) whether the request is for a permanent or
123	123	temporary exemption;
124	124	(3) the period of time for which a temporary exemption
125	125	is requested; and
126	126	(4) that as a direct result of the physical or mental
127	127	impairment it is impossible or very difficult for the affiant to
128	128	serve on a jury.
129	129	SECTION 6. Section 62.109(g), Government Code, is repealed.
130	130	SECTION 7. The change in law made by this Act applies only
131	131	to a juror who is impaneled on or after the effective date of this
132	132	Act. A juror who is impaneled before the effective date of this Act
133	133	is governed by the law in effect on the date the juror is impaneled,
134	134	and the former law is continued in effect for that purpose.
135	135	SECTION 8. This Act takes effect September 1, 2015.