Texas 2017 85th Regular

Texas Senate Bill SB46 Introduced / Analysis

Filed 02/02/2025

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                    BILL ANALYSIS        Senate Research Center   S.B. 46     85R533 MEW-D   By: Zaffirini         State Affairs         2/8/2017         As Filed          AUTHOR'S / SPONSOR'S STATEMENT OF INTENT   Under current law, the state and the defendant in a court proceeding each have a right to poll the jury, which is done by calling the name of each juror and then questioning the juror for purposes of establishing the jurys verdict. Calling out a jurors name in open court could pose a safety risk to the juror, particularly in controversial cases. To reduce this risk, S.B. 46 would authorize a judge, for the purposes of polling members of a jury to ascertain where each juror stands in relation to the verdict, to assign each juror an identification number to use in place of the juror's name.   As proposed, S.B. 46 amends current law relating to allowing judges to use juror identification numbers when polling the jury.   RULEMAKING AUTHORITY   This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.   SECTION BY SECTION ANALYSIS   SECTION 1. Amends Article 37.05, Code of Criminal Procedure, as follows:   Art. 37.05. POLLING THE JURY. (a) Creates this subsection from existing text. Provides that the state and the defendant each have the right to have the jury polled, rather than providing that the state or the defendant each have the right to have the jury polled, and describes the procedure. Makes nonsubstantive changes.    (b) Authorizes the judge to assign each juror, for the purposes of polling the jury, an identification number to use in place of the juror's name.   SECTION 2. Effective date: September 1, 2017.                     

BILL ANALYSIS

 

 

Senate Research Center S.B. 46
85R533 MEW-D By: Zaffirini
 State Affairs
 2/8/2017
 As Filed

Senate Research Center

S.B. 46

85R533 MEW-D

By: Zaffirini

 

State Affairs

 

2/8/2017

 

As Filed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Under current law, the state and the defendant in a court proceeding each have a right to poll the jury, which is done by calling the name of each juror and then questioning the juror for purposes of establishing the jurys verdict. Calling out a jurors name in open court could pose a safety risk to the juror, particularly in controversial cases. To reduce this risk, S.B. 46 would authorize a judge, for the purposes of polling members of a jury to ascertain where each juror stands in relation to the verdict, to assign each juror an identification number to use in place of the juror's name.

 

As proposed, S.B. 46 amends current law relating to allowing judges to use juror identification numbers when polling the jury.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends Article 37.05, Code of Criminal Procedure, as follows:

 

Art. 37.05. POLLING THE JURY. (a) Creates this subsection from existing text. Provides that the state and the defendant each have the right to have the jury polled, rather than providing that the state or the defendant each have the right to have the jury polled, and describes the procedure. Makes nonsubstantive changes. 

 

(b) Authorizes the judge to assign each juror, for the purposes of polling the jury, an identification number to use in place of the juror's name.

 

SECTION 2. Effective date: September 1, 2017.