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A BILL TO BE ENTITLED
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AN ACT
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relating to the role of a jury in a criminal case. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 35.16, Code of Criminal Procedure, is |
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amended by amending Subsection (b) and adding Subsection (d) to |
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read as follows: |
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(b) A challenge for cause may be made by the State for any of |
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the following reasons: |
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1. That the juror has conscientious scruples in regard |
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to the infliction of the punishment of death for crime, in a capital |
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case, where the State is seeking the death penalty; or |
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2. That the juror [he] is related within the third |
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degree of consanguinity or affinity, as determined under Chapter |
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573, Government Code, to the defendant[; and |
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[3. That he has a bias or prejudice against any phase |
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of the law upon which the State is entitled to rely for conviction |
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or punishment]. |
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(d) A potential juror may not be excused or disqualified |
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from serving on a jury because the juror expresses a willingness to |
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exercise a power granted to the jury under Article 36.13. |
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SECTION 2. Article 36.13, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 36.13. ROLE OF JURY [IS JUDGE OF FACTS]. (a) Unless |
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otherwise provided in this Code, the jury is the exclusive judge of |
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the facts. The jury[, but it] is bound to receive the law from the |
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court and be governed by that law, except if a jury determines that |
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a defendant is guilty according to the law but that the law is |
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unjust or unjustly applied to the defendant, the jury may determine |
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not to apply the law to the defendant and find the defendant not |
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guilty or guilty of a lesser included offense [thereby]. |
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(b) A defendant has the right to inform the jury of the |
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jury's power to judge the law in accordance with Subsection (a) and |
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to vote on the verdict for the defendant's case according to |
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conscience. The court or the state may not infringe on this right. |
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Failure to allow the defendant to inform the jury of the jury's |
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power is grounds for a mistrial. |
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(c) Notwithstanding any other law, the court shall allow the |
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defendant to present to the jury for its consideration evidence and |
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testimony relevant to the exercise of the jury's power under this |
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article, including evidence and testimony relating to: |
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(1) the merit, intent, constitutionality, or |
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applicability of the law in the defendant's case; |
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(2) the motives, moral perspective, or intent of the |
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defendant; |
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(3) the defendant's degree of guilt or the actual harm |
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caused by the defendant; or |
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(4) the punishment that may be imposed on the |
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defendant. |
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(d) The state may rebut any evidence introduced under this |
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article with evidence similar in nature. |
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SECTION 3. The change in law made by this Act applies only |
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to a jury empaneled on or after the effective date of this Act. |
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SECTION 4. This Act takes effect September 1, 2021. |