1 | 1 | | 89R13066 BCH-F |
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2 | 2 | | By: Bonnen H.B. No. 4088 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to the qualifications for jury service and the |
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10 | 10 | | establishment of a juror mental health services reimbursement |
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11 | 11 | | program. |
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12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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13 | 13 | | SECTION 1. Chapter 61, Government Code, is amended by |
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14 | 14 | | adding Section 61.004 to read as follows: |
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15 | 15 | | Sec. 61.004. JUROR MENTAL HEALTH SERVICES REIMBURSEMENT. |
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16 | 16 | | To the extent funds are appropriated to the Health and Human |
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17 | 17 | | Services Commission for the juror mental health services |
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18 | 18 | | reimbursement program established under Subchapter J, Chapter 547, |
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19 | 19 | | a court presiding over a trial involving a defendant charged with an |
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20 | 20 | | offense under Chapter 19, 20, 21, 22, or 25, Penal Code, shall, for |
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21 | 21 | | each person selected to serve as a juror or alternate juror in the |
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22 | 22 | | trial: |
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23 | 23 | | (1) advise the person in writing about the |
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24 | 24 | | availability of the juror mental health services reimbursement |
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25 | 25 | | program established under Subchapter J, Chapter 547; and |
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26 | 26 | | (2) provide the person with a certificate of |
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27 | 27 | | attendance at the completion of the trial that includes: |
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28 | 28 | | (A) the person's name; |
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29 | 29 | | (B) the name of the court; |
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30 | 30 | | (C) the dates of the person's jury service; and |
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31 | 31 | | (D) each offense under Chapter 19, 20, 21, 22, or |
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32 | 32 | | 25, Penal Code, with which the defendant was charged. |
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33 | 33 | | SECTION 2. Section 62.102, Government Code, is amended to |
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34 | 34 | | read as follows: |
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35 | 35 | | Sec. 62.102. GENERAL QUALIFICATIONS FOR JURY SERVICE. A |
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36 | 36 | | person is disqualified to serve as a petit juror unless the person: |
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37 | 37 | | (1) is at least 18 years of age; |
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38 | 38 | | (2) is a citizen of the United States; |
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39 | 39 | | (3) is a resident of this state and of the county in |
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40 | 40 | | which the person is to serve as a juror; |
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41 | 41 | | (4) is qualified under the constitution and laws to |
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42 | 42 | | vote in the county in which the person is to serve as a juror; |
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43 | 43 | | (5) is of sound mind and good moral character; |
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44 | 44 | | (6) is able to read and write; |
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45 | 45 | | (7) has not served as a petit juror for six days during |
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46 | 46 | | the preceding three months in the county court or during the |
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47 | 47 | | preceding six months in the district court; |
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48 | 48 | | (8) has not been convicted of misdemeanor theft or a |
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49 | 49 | | felony; [and] |
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50 | 50 | | (9) is not under indictment or other legal accusation |
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51 | 51 | | for misdemeanor theft or a felony; and |
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52 | 52 | | (10) has not served as a petit juror for three |
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53 | 53 | | consecutive months during the preceding 60 months in the county |
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54 | 54 | | court or district court. |
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55 | 55 | | SECTION 3. Chapter 547, Government Code, as effective April |
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56 | 56 | | 1, 2025, is amended by adding Subchapter J to read as follows: |
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57 | 57 | | SUBCHAPTER J. JUROR MENTAL HEALTH SERVICES REIMBURSEMENT PROGRAM |
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58 | 58 | | Sec. 547.0451. DEFINITIONS. In this subchapter: |
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59 | 59 | | (1) "Mental health professional" has the meaning |
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60 | 60 | | assigned by Section 164.003, Health and Safety Code. |
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61 | 61 | | (2) "Mental health services" has the meaning assigned |
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62 | 62 | | by Section 531.002, Health and Safety Code. |
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63 | 63 | | (3) "Program" means the juror mental health services |
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64 | 64 | | reimbursement program established under this subchapter. |
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65 | 65 | | Sec. 547.0452. JUROR MENTAL HEALTH SERVICES REIMBURSEMENT |
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66 | 66 | | PROGRAM. (a) To the extent funds are appropriated to the |
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67 | 67 | | commission for that purpose, the commission shall establish a juror |
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68 | 68 | | mental health services reimbursement program to reimburse a |
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69 | 69 | | person's cost of obtaining mental health services related to the |
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70 | 70 | | person's service as a juror or alternate juror in a criminal trial |
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71 | 71 | | that involved a defendant charged with an offense under Chapter 19, |
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72 | 72 | | 20, 21, 22, or 25, Penal Code. |
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73 | 73 | | (b) A person is eligible to receive a payment under the |
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74 | 74 | | program in the amount of $150 if the person: |
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75 | 75 | | (1) served as a juror or alternate juror on a criminal |
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76 | 76 | | trial that involved a defendant charged with an offense under |
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77 | 77 | | Chapter 19, 20, 21, 22, or 25, Penal Code, in the 12 months |
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78 | 78 | | immediately preceding the person's application for reimbursement |
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79 | 79 | | under the program; |
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80 | 80 | | (2) provides the commission the certificate of |
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81 | 81 | | attendance described by Section 61.004 for the trial described by |
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82 | 82 | | Subdivision (1); |
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83 | 83 | | (3) obtained mental health services from a mental |
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84 | 84 | | health professional related to the trial described by Subdivision |
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85 | 85 | | (1); and |
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86 | 86 | | (4) provides the commission proof of payment for the |
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87 | 87 | | mental health services described by Subdivision (3). |
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88 | 88 | | (c) The commission shall provide to an eligible person the |
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89 | 89 | | payment not later than the 90th day after the date the commission |
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90 | 90 | | receives the person's application for reimbursement under the |
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91 | 91 | | program. |
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92 | 92 | | (d) The commission shall publish information about the |
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93 | 93 | | program on the commission's Internet website, including: |
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94 | 94 | | (1) a description of the eligibility requirements; |
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95 | 95 | | (2) a description of mental health services eligible |
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96 | 96 | | for reimbursement; |
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97 | 97 | | (3) instructions for submitting an application; and |
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98 | 98 | | (4) a list of mental health resources. |
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99 | 99 | | (e) The commissioner may adopt rules necessary to implement |
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100 | 100 | | the program under this section. |
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101 | 101 | | SECTION 4. Section 62.102, Government Code, as amended by |
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102 | 102 | | this Act, applies only to the qualifications of a person summoned |
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103 | 103 | | for jury service on or after the effective date of this Act. The |
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104 | 104 | | qualifications of a person summoned for jury service before the |
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105 | 105 | | effective date of this Act are governed by the law in effect on the |
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106 | 106 | | date the summons was made, and the former law is continued in effect |
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107 | 107 | | for that purpose. |
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108 | 108 | | SECTION 5. This Act takes effect September 1, 2025. |
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