Texas House Bill HB580

Texas 2025 - 89th Regular

• Filed: 11/12/24

Caption

Relating to prohibited disqualification of and peremptory challenges to certain prospective jurors.

Impact

If enacted, HB580 would amend existing laws in both the Civil Practice and Remedies Code and the Code of Criminal Procedure to establish clear standards against discriminatory practices in jury selection. Courts would be mandated to invalidate any peremptory challenges if it is determined that such challenges were based on the aforementioned prohibited classifications. This legislative change is anticipated to heighten scrutiny over jury selection practices and provide greater legal protections to potential jurors from discriminatory exclusions.

Summary

House Bill 580 addresses the use of peremptory challenges in jury selection, specifically prohibiting such challenges based on certain classifications including race, ethnicity, sex, gender identity, sexual orientation, disability status, national origin, or economic status. The bill aims to ensure a fairer jury selection process by preventing discrimination during the selection of jurors, thereby promoting diversity and inclusivity within juries. Under the proposed legislation, if a party believes that the opposing attorney has improperly exercised peremptory challenges, they can request the dismissal of the jury array, with the burden of proof shifting to the opposing party to justify their challenges.

Contention

While supporters of HB580 argue that it enhances the integrity of the judicial system and upholds the constitutional rights of individuals by ensuring a fair trial and equitable jury representation, detractors may raise concerns regarding the practicality and implications of enforcing such prohibitions. Critics might argue that this could lead to complications in jury selection processes, potentially resulting in increased litigation as parties challenge the legitimacy of peremptory challenges, thereby prolonging court proceedings.

Texas Constitutional Statutes Affected

Civil Practice And Remedies Code

• Chapter 30. Miscellaneous Provisions
  • Section: New Section

Code Of Criminal Procedure

• Chapter 35. Formation Of The Jury
  • Section: 261

Government Code

• Chapter 61. General Provisions
  • Section: New Section