BILL ANALYSIS Senate Research Center S.B. 46 By: Zaffirini State Affairs 5/24/2017 Enrolled 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 authorizes 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. 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 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
By: Zaffirini
State Affairs
5/24/2017
Enrolled
Senate Research Center
S.B. 46
By: Zaffirini
State Affairs
5/24/2017
Enrolled
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 authorizes 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.
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 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.