Texas 2025 - 89th Regular

Texas House Bill HB5550 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R5852 CJD-F
2	2	By: Schatzline H.B. No. 5550
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the role of a jury in a criminal case.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Article 35.16, Code of Criminal Procedure, is
12	12	amended by amending Subsection (b) and adding Subsection (d) to
13	13	read as follows:
14	14	(b) A challenge for cause may be made by the state [State]
15	15	for any of the following reasons:
16	16	1. That the juror has conscientious scruples in regard
17	17	to the infliction of the punishment of death for crime, in a capital
18	18	case, where the state [State] is seeking the death penalty; or
19	19	2. That the juror [he] is related within the third
20	20	degree of consanguinity or affinity, as determined under Chapter
21	21	573, Government Code, to the defendant[; and
22	22	[3. That he has a bias or prejudice against any phase
23	23	of the law upon which the State is entitled to rely for conviction
24	24	or punishment].
25	25	(d) A potential juror may not be excused or disqualified
26	26	from serving on a jury because the juror expresses a willingness to
27	27	exercise a power granted to the jury under Article 36.13.
28	28	SECTION 2. Article 36.13, Code of Criminal Procedure, is
29	29	amended to read as follows:
30	30	Art. 36.13. ROLE OF JURY [IS JUDGE OF FACTS]. (a) Unless
31	31	otherwise provided in this code [Code], the jury is the exclusive
32	32	judge of the facts. The jury[, but it] is bound to receive the law
33	33	from the court and be governed by that law, except if a jury
34	34	determines that a defendant is guilty according to the law but that
35	35	the law is unjust or unjustly applied to the defendant, the jury may
36	36	determine not to apply the law to the defendant and find the
37	37	defendant not guilty or guilty of a lesser included offense
38	38	[thereby].
39	39	(b) A defendant has the right to inform the jury of the
40	40	jury's power to judge the law in accordance with Subsection (a) and
41	41	to vote on the verdict for the defendant's case according to
42	42	conscience. The court or the state may not infringe on this right.
43	43	Failure to allow the defendant to inform the jury of the jury's
44	44	power is grounds for a mistrial.
45	45	(c) Notwithstanding any other law, the court shall allow the
46	46	defendant to present to the jury for its consideration evidence and
47	47	testimony relevant to the exercise of the jury's power under this
48	48	article, including evidence and testimony relating to:
49	49	(1) the merit, intent, constitutionality, or
50	50	applicability of the law in the defendant's case;
51	51	(2) the motives, moral perspective, or intent of the
52	52	defendant;
53	53	(3) the defendant's degree of guilt or the actual harm
54	54	caused by the defendant; or
55	55	(4) the punishment that may be imposed on the
56	56	defendant.
57	57	(d) The state may rebut any evidence introduced under this
58	58	article with evidence similar in nature.
59	59	SECTION 3. The change in law made by this Act applies only
60	60	to a jury empaneled on or after the effective date of this Act.
61	61	SECTION 4. This Act takes effect September 1, 2025.