| 1 | 1 | | 87R7944 MAW-F |
|---|
| 2 | 2 | | By: Schofield H.B. No. 2915 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to the role of a jury in a criminal case. |
|---|
| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 9 | 9 | | SECTION 1. Article 35.16, Code of Criminal Procedure, is |
|---|
| 10 | 10 | | amended by amending Subsection (b) and adding Subsection (d) to |
|---|
| 11 | 11 | | read as follows: |
|---|
| 12 | 12 | | (b) A challenge for cause may be made by the State for any of |
|---|
| 13 | 13 | | the following reasons: |
|---|
| 14 | 14 | | 1. That the juror has conscientious scruples in regard |
|---|
| 15 | 15 | | to the infliction of the punishment of death for crime, in a capital |
|---|
| 16 | 16 | | case, where the State is seeking the death penalty; or |
|---|
| 17 | 17 | | 2. That the juror [he] is related within the third |
|---|
| 18 | 18 | | degree of consanguinity or affinity, as determined under Chapter |
|---|
| 19 | 19 | | 573, Government Code, to the defendant[; and |
|---|
| 20 | 20 | | [3. That he has a bias or prejudice against any phase |
|---|
| 21 | 21 | | of the law upon which the State is entitled to rely for conviction |
|---|
| 22 | 22 | | or punishment]. |
|---|
| 23 | 23 | | (d) A potential juror may not be excused or disqualified |
|---|
| 24 | 24 | | from serving on a jury because the juror expresses a willingness to |
|---|
| 25 | 25 | | exercise a power granted to the jury under Article 36.13. |
|---|
| 26 | 26 | | SECTION 2. Article 36.13, Code of Criminal Procedure, is |
|---|
| 27 | 27 | | amended to read as follows: |
|---|
| 28 | 28 | | Art. 36.13. ROLE OF JURY [IS JUDGE OF FACTS]. (a) Unless |
|---|
| 29 | 29 | | otherwise provided in this Code, the jury is the exclusive judge of |
|---|
| 30 | 30 | | the facts. The jury[, but it] is bound to receive the law from the |
|---|
| 31 | 31 | | court and be governed by that law, except if a jury determines that |
|---|
| 32 | 32 | | a defendant is guilty according to the law but that the law is |
|---|
| 33 | 33 | | unjust or unjustly applied to the defendant, the jury may determine |
|---|
| 34 | 34 | | not to apply the law to the defendant and find the defendant not |
|---|
| 35 | 35 | | guilty or guilty of a lesser included offense [thereby]. |
|---|
| 36 | 36 | | (b) A defendant has the right to inform the jury of the |
|---|
| 37 | 37 | | jury's power to judge the law in accordance with Subsection (a) and |
|---|
| 38 | 38 | | to vote on the verdict for the defendant's case according to |
|---|
| 39 | 39 | | conscience. The court or the state may not infringe on this right. |
|---|
| 40 | 40 | | Failure to allow the defendant to inform the jury of the jury's |
|---|
| 41 | 41 | | power is grounds for a mistrial. |
|---|
| 42 | 42 | | (c) Notwithstanding any other law, the court shall allow the |
|---|
| 43 | 43 | | defendant to present to the jury for its consideration evidence and |
|---|
| 44 | 44 | | testimony relevant to the exercise of the jury's power under this |
|---|
| 45 | 45 | | article, including evidence and testimony relating to: |
|---|
| 46 | 46 | | (1) the merit, intent, constitutionality, or |
|---|
| 47 | 47 | | applicability of the law in the defendant's case; |
|---|
| 48 | 48 | | (2) the motives, moral perspective, or intent of the |
|---|
| 49 | 49 | | defendant; |
|---|
| 50 | 50 | | (3) the defendant's degree of guilt or the actual harm |
|---|
| 51 | 51 | | caused by the defendant; or |
|---|
| 52 | 52 | | (4) the punishment that may be imposed on the |
|---|
| 53 | 53 | | defendant. |
|---|
| 54 | 54 | | (d) The state may rebut any evidence introduced under this |
|---|
| 55 | 55 | | article with evidence similar in nature. |
|---|
| 56 | 56 | | SECTION 3. The change in law made by this Act applies only |
|---|
| 57 | 57 | | to a jury empaneled on or after the effective date of this Act. |
|---|
| 58 | 58 | | SECTION 4. This Act takes effect September 1, 2021. |
|---|