Texas 2023 - 88th Regular

Texas House Bill HB4674 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R8768 JTZ-F
2	2	By: Hayes, Thimesch H.B. No. 4674
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the qualifications, summoning, and reimbursement of
8	8	jurors.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Sections 61.003(a) and (b), Government Code, are
11	11	amended to read as follows:
12	12	(a) Each [After jury service is concluded, each] person who
13	13	reports [reported] for jury service shall be [personally] provided
14	14	the opportunity, either through a written form or electronically,
15	15	to direct [a form letter that when signed by the person directs] the
16	16	county treasurer or a designated county employee to donate all,
17	17	[or] a specific amount designated by the person, or the entire
18	18	amount divided among the funds, programs, and county entities
19	19	listed in this subsection of the person's daily reimbursement under
20	20	this chapter to:
21	21	(1) the compensation to victims of crime fund
22	22	established under Subchapter J, Chapter 56B, Code of Criminal
23	23	Procedure;
24	24	(2) the child welfare, child protective services, or
25	25	child services board of the county appointed under Section 264.005,
26	26	Family Code, that serves abused and neglected children;
27	27	(3) any program selected by the commissioners court
28	28	that is operated by a public or private nonprofit organization and
29	29	that provides shelter and services to victims of family violence;
30	30	(4) any other program approved by the commissioners
31	31	court of the county, including a program established under Article
32	32	56A.205, Code of Criminal Procedure, that offers psychological
33	33	counseling in criminal cases involving graphic evidence or
34	34	testimony;
35	35	(5) a veterans treatment court program established by
36	36	the commissioners court as provided by Chapter 124; or
37	37	(6) a veterans county service office established by
38	38	the commissioners court as provided by Subchapter B, Chapter 434.
39	39	(b) The county treasurer or a designated county employee
40	40	shall collect any information provided under Subsection (a) [each
41	41	form letter] directing the county treasurer to donate the
42	42	reimbursement of a person who reports for jury service.
43	43	SECTION 2. Sections 62.001(a) and (b), Government Code, are
44	44	amended to read as follows:
45	45	(a) The jury wheel must be reconstituted by using, as the
46	46	source:
47	47	(1) the names of all persons on the current voter
48	48	registration lists from all the precincts in the county; and
49	49	(2) all names on a current list to be furnished by the
50	50	Department of Public Safety, showing the citizens of the county
51	51	who:
52	52	(A) hold a valid Texas driver's license or a
53	53	valid personal identification card or certificate issued by the
54	54	department; and
55	55	(B) are not disqualified from jury service under
56	56	Section 62.102(1), (2), or (8) [(7)].
57	57	(b) Notwithstanding Subsection (a), the names of persons
58	58	listed on a register of persons exempt from jury service may not be
59	59	placed in the jury wheel, as provided by Sections 62.108, [and]
60	60	62.109, 62.113, 62.114, and 62.115.
61	61	SECTION 3. Section 62.0111(b), Government Code, is amended
62	62	to read as follows:
63	63	(b) A plan adopted under Subsection (a) may allow for a
64	64	prospective juror to provide information to the county officer
65	65	responsible for summoning jurors or for the county officer to
66	66	provide information to the prospective juror by computer or
67	67	automated telephone system, including:
68	68	(1) information that permits the court to determine
69	69	whether the prospective juror is qualified for jury service under
70	70	Section 62.102;
71	71	(2) information that permits the court to determine
72	72	whether the prospective juror is exempt from jury service under
73	73	Section 62.106;
74	74	(3) submission of a request by the prospective juror
75	75	for a postponement of or excuse from jury service under Section
76	76	62.110;
77	77	(4) information for jury assignment under Section
78	78	62.016, including:
79	79	(A) the prospective juror's postponement status;
80	80	(B) if the prospective juror could potentially
81	81	serve on a jury in a justice court, the residency of the prospective
82	82	juror; and
83	83	(C) if the prospective juror could potentially
84	84	serve on a jury in a criminal matter, whether the prospective juror
85	85	has been convicted of misdemeanor theft;
86	86	(5) completion and submission by the prospective juror
87	87	of the written juror [jury summons] questionnaire under Section
88	88	62.0132;
89	89	(6) the prospective juror's electronic mail address;
90	90	and
91	91	(7) notification to the prospective juror by
92	92	electronic mail of:
93	93	(A) whether the prospective juror is qualified
94	94	for jury service;
95	95	(B) the status of the exemption, postponement, or
96	96	judicial excuse request of the prospective juror; or
97	97	(C) whether the prospective juror has been
98	98	assigned to a jury panel.
99	99	SECTION 4. Section 62.012(b), Government Code, is amended
100	100	to read as follows:
101	101	(b) On receiving the notice from the judge, the clerk shall
102	102	immediately write on the jury list the date that the prospective
103	103	jurors are to be summoned to appear and shall either:
104	104	(1) summon the prospective jurors directly in the same
105	105	manner a sheriff or constable would summon a juror under Section
106	106	62.013; or
107	107	(2) deliver the jury list to:
108	108	(A) [(1)] the sheriff, for a county or district
109	109	court jury; or
110	110	(B) [(2)] the sheriff or constable, for a justice
111	111	court jury.
112	112	SECTION 5. The heading to Section 62.013, Government Code,
113	113	is amended to read as follows:
114	114	Sec. 62.013. SUMMONS FOR JURY SERVICE BY CLERK, SHERIFF, OR
115	115	CONSTABLE.
116	116	SECTION 6. Sections 62.013(a) and (b), Government Code, are
117	117	amended to read as follows:
118	118	(a) Except as provided by Section 62.014, the clerk,
119	119	sheriff, or constable, on receipt of a jury list from a county or
120	120	district clerk, shall immediately notify the persons whose names
121	121	are on the list to appear for jury service on the date designated by
122	122	the judge.
123	123	(b) The clerk, sheriff, or constable shall notify each
124	124	prospective juror to appear for jury service:
125	125	(1) by an oral summons; or
126	126	(2) if the judge ordering the summons so directs, by a
127	127	written summons sent by registered mail or certified mail, return
128	128	receipt requested, or by first class mail to the address on the jury
129	129	wheel card or the address on the current voter registration list of
130	130	the county.
131	131	SECTION 7. Sections 62.0131(b) and (c), Government Code,
132	132	are amended to read as follows:
133	133	(b) The model must include:
134	134	(1) the option to provide:
135	135	(A) the exemptions and restrictions governing
136	136	jury service under Subchapter B; or
137	137	(B) the electronic address of the court's
138	138	Internet website on which is posted the exemptions and restrictions
139	139	governing jury service under Subchapter B; [and]
140	140	(2) the information under Chapter 122, Civil Practice
141	141	and Remedies Code, relating to the duties of an employer with regard
142	142	to an employee who is summoned for jury service;
143	143	(3) notice of the contempt action to which the person
144	144	summoned for jury service is subject under Section 62.0141 for
145	145	failure to comply with the jury summons; and
146	146	(4) the option to:
147	147	(A) include in the jury summons the juror
148	148	questionnaire required by Section 62.0132;
149	149	(B) provide the electronic address of the court's
150	150	Internet website from which the juror questionnaire may be easily
151	151	printed; or
152	152	(C) in counties in which the district and
153	153	criminal district judges adopted a plan for an electronic jury
154	154	selection method under Section 62.011, provide the electronic
155	155	address of the court's Internet website for the prospective juror
156	156	to access and complete the juror questionnaire.
157	157	(c) A written jury summons must conform with the model
158	158	established under this section and must be 3-1/2 by 5 inches or
159	159	larger in size.
160	160	SECTION 8. The heading to Section 62.0132, Government Code,
161	161	is amended to read as follows:
162	162	Sec. 62.0132. JUROR [WRITTEN JURY SUMMONS] QUESTIONNAIRE.
163	163	SECTION 9. Sections 62.0132(c) and (d), Government Code,
164	164	are amended to read as follows:
165	165	(c) The questionnaire must require a person to provide
166	166	biographical and demographic information that is relevant to
167	167	service as a jury member, including the person's:
168	168	(1) name, sex, race, and age;
169	169	(2) residence address and mailing address;
170	170	(3) education level, occupation, and place of
171	171	employment;
172	172	(4) marital status and the name, occupation, and place
173	173	of employment of the person's spouse; [and]
174	174	(5) citizenship status and county of residence; and
175	175	(6) any electronic address.
176	176	(d) Except as provided by this subsection, a person who has
177	177	received a [written] jury summons shall complete and submit a juror
178	178	[jury summons] questionnaire when the person reports for jury duty.
179	179	If the district and criminal district judges of a county adopt a
180	180	plan for an electronic jury selection method under Section 62.011,
181	181	the county may allow a person to complete and submit a juror [jury
182	182	summons] questionnaire on the court's Internet website as
183	183	authorized under Section 62.0111(b)(5).
184	184	SECTION 10. The heading to Section 62.014, Government Code,
185	185	is amended to read as follows:
186	186	Sec. 62.014. SUMMONS FOR JURY SERVICE BY CLERKS, SHERIFFS,
187	187	OR BAILIFFS.
188	188	SECTION 11. Section 62.014(a), Government Code, is amended
189	189	to read as follows:
190	190	(a) In a county with at least nine district courts, the
191	191	district judges may direct that prospective jurors be summoned for
192	192	jury service by the clerk, the sheriff, or [by] a bailiff, or an
193	193	assistant or deputy bailiff, in charge of the central jury room and
194	194	the general panel of the county.
195	195	SECTION 12. Section 62.0145, Government Code, is amended to
196	196	read as follows:
197	197	Sec. 62.0145. REMOVAL OF CERTAIN PERSONS FROM POOL OF
198	198	PROSPECTIVE JURORS. Except as provided by Section 62.0146, if a
199	199	written summons for jury service sent by a clerk, sheriff,
200	200	constable, or bailiff is undeliverable, the county or district
201	201	clerk may remove from the jury wheel the jury wheel card for the
202	202	person summoned or the district clerk, or in a county with a
203	203	population of at least 1.7 million and in which more than 75 percent
204	204	of the population resides in a single municipality, a bailiff
205	205	appointed as provided under Section 62.019, may remove the person's
206	206	name from the record of names for selection of persons for jury
207	207	service under Section 62.011.
208	208	SECTION 13. Section 62.0146, Government Code, is amended to
209	209	read as follows:
210	210	Sec. 62.0146. UPDATING ADDRESSES OF CERTAIN PERSONS IN POOL
211	211	OF PROSPECTIVE JURORS. If a written summons for jury service sent
212	212	by a clerk, sheriff, constable, or bailiff is returned with a
213	213	notation from the United States Postal Service of a change of
214	214	address for the person summoned, the county or district clerk may
215	215	update the jury wheel card to reflect the person's new address.
216	216	SECTION 14. Section 62.015(b), Government Code, is amended
217	217	to read as follows:
218	218	(b) If the court at any time does not have a sufficient
219	219	number of prospective jurors present whose names are on the jury
220	220	lists and who are not excused by the judge from jury service, the
221	221	judge shall order the clerk, sheriff, or constable to summon
222	222	additional prospective jurors to provide the requisite number of
223	223	jurors for the panel. The names of additional jurors to be summoned
224	224	by the clerk, sheriff, or constable to fill a jury panel shall be
225	225	drawn from the jury wheel under orders of the judge. Additional
226	226	jurors summoned to fill a jury panel shall be discharged when their
227	227	services are no longer required.
228	228	SECTION 15. Section 62.016(d), Government Code, is amended
229	229	to read as follows:
230	230	(d) The clerk or sheriff shall notify the persons whose
231	231	names are drawn from the jury wheel to appear before the designated
232	232	judge for jury service. The judge shall hear the excuses of the
233	233	prospective jurors and swear them in for jury service for the week
234	234	for which they are to serve as jurors.
235	235	SECTION 16. Section 62.017(d), Government Code, is amended
236	236	to read as follows:
237	237	(d) The clerk or sheriff shall notify the persons whose
238	238	names are drawn from the jury wheel to appear before the designated
239	239	judge for jury service. The judge shall hear the excuses of the
240	240	prospective jurors and swear them in for jury service for the week
241	241	for which they are to serve as jurors.
242	242	SECTION 17. Section 62.0175(d), Government Code, is amended
243	243	to read as follows:
244	244	(d) The clerk or sheriff shall notify the persons whose
245	245	names are drawn from the jury wheel to appear before the district
246	246	judge for jury service. The judge shall hear the excuses of the
247	247	prospective jurors and swear them in for jury service for the week
248	248	for which they are to serve as jurors.
249	249	SECTION 18. Section 62.109(c), Government Code, is amended
250	250	to read as follows:
251	251	(c) The clerk of the district court shall promptly notify
252	252	the voter registrar of the county of the name and address of each
253	253	person permanently exempted [and state whether the exemption is
254	254	permanent or for a specified period]. The voter registrar shall
255	255	maintain a current register showing [separately] the name and
256	256	address of each person permanently exempt from jury service under
257	257	this section [and the name and address of each person exempt from
258	258	jury service under this section for a specified period].
259	259	SECTION 19. Subchapter B, Chapter 62, Government Code, is
260	260	amended by adding Section 62.115 to read as follows:
261	261	Sec. 62.115. COMPILATION OF LIST OF CONVICTED PERSONS. (a)
262	262	The clerk of the court shall maintain a list of the name and address
263	263	of each person who is disqualified under this subchapter from jury
264	264	service because the person was convicted of misdemeanor theft or a
265	265	felony.
266	266	(b) A person who was convicted of misdemeanor theft or a
267	267	felony shall be permanently disqualified from serving as a juror. A
268	268	person is exempt from this section if the person:
269	269	(1) was placed on deferred adjudication and received a
270	270	dismissal and discharge in accordance with Article 42A.111, Code of
271	271	Criminal Procedure;
272	272	(2) was placed on community supervision and the period
273	273	of community supervision was terminated early under Article
274	274	42A.701, Code of Criminal Procedure; or
275	275	(3) was pardoned or has had the person's civil rights
276	276	restored.
277	277	(c) The district clerk may remove from the jury wheel the
278	278	jury wheel card for the person whose name appears on the list.
279	279	(d) On the third business day of each month, the clerk shall
280	280	send to the secretary of state a copy of the list of persons
281	281	disqualified because of a conviction of misdemeanor theft or a
282	282	felony in the preceding month.
283	283	SECTION 20. Section 62.411(a), Government Code, is amended
284	284	to read as follows:
285	285	(a) In addition to other methods of jury selection provided
286	286	by this chapter, a justice of the peace may issue a writ commanding
287	287	the clerk, sheriff, or constable to immediately summon a venire
288	288	from which six qualified persons may be selected for jury service
289	289	if:
290	290	(1) a jury case is pending for trial at a term of
291	291	justice court; or
292	292	(2) the court does not have a sufficient number of
293	293	prospective jurors present whose names are on the jury list and who
294	294	are not excused from jury service.
295	295	SECTION 21. Section 62.412(c), Government Code, is amended
296	296	to read as follows:
297	297	(c) A justice of the peace may command the clerk, sheriff,
298	298	or constable to immediately summon additional persons for jury
299	299	service in the justice court if the number of qualified jurors,
300	300	including persons summoned under Section 62.016, is less than the
301	301	number necessary for the justice court to conduct its proceedings.
302	302	SECTION 22. Sections 62.0111(c) and 62.0132(b), Government
303	303	Code, are repealed.
304	304	SECTION 23. This Act takes effect September 1, 2023.