| 1 | 1 | | 89R4277 BCH-D |
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| 2 | 2 | | By: Flores H.B. No. 580 |
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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 prohibited disqualification of and peremptory |
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| 10 | 10 | | challenges to certain prospective jurors. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Chapter 30, Civil Practice and Remedies Code, is |
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| 13 | 13 | | amended by adding Section 30.023 to read as follows: |
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| 14 | 14 | | Sec. 30.023. PROHIBITED PEREMPTORY JURY CHALLENGES. (a) |
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| 15 | 15 | | After the parties to a case deliver jury lists to the court clerk |
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| 16 | 16 | | and before the court impanels the jury, either party may request the |
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| 17 | 17 | | court to dismiss the array of jurors and call a new array in the |
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| 18 | 18 | | case. |
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| 19 | 19 | | (b) The court shall grant the motion of a complaining party |
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| 20 | 20 | | for dismissal of the array of jurors if the court finds: |
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| 21 | 21 | | (1) the attorney representing the opposing party |
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| 22 | 22 | | exercised peremptory challenges for the purpose of excluding |
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| 23 | 23 | | prospective jurors from the jury based on their actual or perceived |
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| 24 | 24 | | race, ethnicity, sex, gender identity, sexual orientation, |
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| 25 | 25 | | disability status, national origin, or economic status; and |
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| 26 | 26 | | (2) the complaining party has offered evidence of |
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| 27 | 27 | | relevant facts that tend to show the attorney representing the |
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| 28 | 28 | | opposing party made peremptory challenges for a reason described by |
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| 29 | 29 | | Subdivision (1). |
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| 30 | 30 | | (c) If the complaining party establishes a prima facie case |
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| 31 | 31 | | under Subsection (b), the burden shifts to the attorney |
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| 32 | 32 | | representing the opposing party to provide an explanation for the |
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| 33 | 33 | | peremptory challenges that is neutral to the classes described by |
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| 34 | 34 | | Subsection (b)(1). |
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| 35 | 35 | | (d) If the court finds that either attorney challenged |
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| 36 | 36 | | prospective jurors for a reason described by Subsection (b)(1), the |
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| 37 | 37 | | court shall call a new array in the case. |
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| 38 | 38 | | SECTION 2. Article 35.261, Code of Criminal Procedure, is |
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| 39 | 39 | | amended to read as follows: |
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| 40 | 40 | | Art. 35.261. PROHIBITED PEREMPTORY CHALLENGES BASED ON |
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| 41 | 41 | | CERTAIN CLASSES [RACE PROHIBITED]. (a) After the parties to a case |
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| 42 | 42 | | deliver [have delivered] their lists to the clerk under Article |
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| 43 | 43 | | 35.26 of this code and before the court impanels [has impanelled] |
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| 44 | 44 | | the jury, either party [the defendant] may request the court to |
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| 45 | 45 | | dismiss the array and call a new array in the case. |
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| 46 | 46 | | (b) The court shall grant the motion of a party [defendant] |
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| 47 | 47 | | for dismissal of the array if the court finds: |
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| 48 | 48 | | (1) [determines that the defendant is a member of an |
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| 49 | 49 | | identifiable racial group, that] the attorney representing the |
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| 50 | 50 | | opposing party [state] exercised peremptory challenges for the |
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| 51 | 51 | | purpose of excluding persons from the jury based on [the basis of] |
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| 52 | 52 | | their actual or perceived race, ethnicity, sex, gender identity, |
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| 53 | 53 | | sexual orientation, disability status, national origin, or |
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| 54 | 54 | | economic status; and |
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| 55 | 55 | | (2) [that] the complaining party [defendant] has |
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| 56 | 56 | | offered evidence of relevant facts that tend to show that |
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| 57 | 57 | | challenges made by the attorney representing the opposing party |
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| 58 | 58 | | [state] were made for a reason described by Subdivision (1) |
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| 59 | 59 | | [reasons based on race]. |
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| 60 | 60 | | (c) If the complaining party [defendant] establishes a |
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| 61 | 61 | | prima facie case under Subsection (b), the burden [then] shifts to |
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| 62 | 62 | | the attorney representing the opposing party [state] to give an [a |
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| 63 | 63 | | racially neutral] explanation for the challenges that is neutral to |
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| 64 | 64 | | the classes described by Subsection (b)(1). [The burden of |
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| 65 | 65 | | persuasion remains with the defendant to establish purposeful |
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| 66 | 66 | | discrimination.] |
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| 67 | 67 | | (d) [(b)] If the court finds [determines] that either [the] |
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| 68 | 68 | | attorney [representing the state] challenged prospective jurors |
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| 69 | 69 | | for a reason described by Subsection (b)(1) [on the basis of race], |
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| 70 | 70 | | the court shall call a new array in the case. |
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| 71 | 71 | | SECTION 3. Chapter 61, Government Code, is amended by |
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| 72 | 72 | | adding Section 61.004 to read as follows: |
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| 73 | 73 | | Sec. 61.004. PROHIBITED JUROR DISQUALIFICATIONS. Subject |
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| 74 | 74 | | to Sections 62.104 and 62.1041, a person may not be disqualified to |
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| 75 | 75 | | serve as a juror based on the person's actual or perceived race, |
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| 76 | 76 | | ethnicity, sex, gender identity, sexual orientation, disability |
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| 77 | 77 | | status, national origin, or economic status. |
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| 78 | 78 | | SECTION 4. This Act takes effect September 1, 2025. |
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