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A BILL TO BE ENTITLED
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AN ACT
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relating to the qualifications, summoning, and reimbursement of |
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jurors. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 61.003(a) and (b), Government Code, are |
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amended to read as follows: |
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(a) Each [After jury service is concluded, each] person who |
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reports [reported] for jury service shall be [personally] provided |
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the opportunity, either through a written form or electronically, |
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to direct [a form letter that when signed by the person directs] the |
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county treasurer or a designated county employee to donate all, |
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[or] a specific amount designated by the person, or the entire |
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amount divided among the funds, programs, and county entities |
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listed in this subsection of the person's daily reimbursement under |
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this chapter to: |
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(1) the compensation to victims of crime fund |
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established under Subchapter J, Chapter 56B, Code of Criminal |
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Procedure; |
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(2) the child welfare, child protective services, or |
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child services board of the county appointed under Section 264.005, |
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Family Code, that serves abused and neglected children; |
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(3) any program selected by the commissioners court |
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that is operated by a public or private nonprofit organization and |
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that provides shelter and services to victims of family violence; |
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(4) any other program approved by the commissioners |
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court of the county, including a program established under Article |
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56A.205, Code of Criminal Procedure, that offers psychological |
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counseling in criminal cases involving graphic evidence or |
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testimony; |
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(5) a veterans treatment court program established by |
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the commissioners court as provided by Chapter 124; or |
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(6) a veterans county service office established by |
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the commissioners court as provided by Subchapter B, Chapter 434. |
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(b) The county treasurer or a designated county employee |
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shall collect any information provided under Subsection (a) [each |
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form letter] directing the county treasurer to donate the |
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reimbursement of a person who reports for jury service. |
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SECTION 2. Sections 62.001(a) and (b), Government Code, are |
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amended to read as follows: |
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(a) The jury wheel must be reconstituted by using, as the |
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source: |
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(1) the names of all persons on the current voter |
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registration lists from all the precincts in the county; and |
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(2) all names on a current list to be furnished by the |
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Department of Public Safety, showing the citizens of the county |
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who: |
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(A) hold a valid Texas driver's license or a |
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valid personal identification card or certificate issued by the |
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department; and |
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(B) are not disqualified from jury service under |
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Section 62.102(1), (2), or (8) [(7)]. |
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(b) Notwithstanding Subsection (a), the names of persons |
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listed on a register of persons exempt from jury service may not be |
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placed in the jury wheel, as provided by Sections 62.108, [and] |
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62.109, 62.113, 62.114, and 62.115. |
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SECTION 3. Section 62.0111(b), Government Code, is amended |
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to read as follows: |
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(b) A plan adopted under Subsection (a) may allow for a |
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prospective juror to provide information to the county officer |
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responsible for summoning jurors or for the county officer to |
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provide information to the prospective juror by computer or |
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automated telephone system, including: |
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(1) information that permits the court to determine |
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whether the prospective juror is qualified for jury service under |
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Section 62.102; |
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(2) information that permits the court to determine |
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whether the prospective juror is exempt from jury service under |
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Section 62.106; |
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(3) submission of a request by the prospective juror |
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for a postponement of or excuse from jury service under Section |
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62.110; |
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(4) information for jury assignment under Section |
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62.016, including: |
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(A) the prospective juror's postponement status; |
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(B) if the prospective juror could potentially |
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serve on a jury in a justice court, the residency of the prospective |
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juror; and |
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(C) if the prospective juror could potentially |
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serve on a jury in a criminal matter, whether the prospective juror |
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has been convicted of misdemeanor theft; |
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(5) completion and submission by the prospective juror |
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of the written juror [jury summons] questionnaire under Section |
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62.0132; |
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(6) the prospective juror's electronic mail address; |
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and |
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(7) notification to the prospective juror by |
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electronic mail of: |
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(A) whether the prospective juror is qualified |
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for jury service; |
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(B) the status of the exemption, postponement, or |
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judicial excuse request of the prospective juror; or |
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(C) whether the prospective juror has been |
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assigned to a jury panel. |
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SECTION 4. Section 62.012(b), Government Code, is amended |
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to read as follows: |
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(b) On receiving the notice from the judge, the clerk shall |
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immediately write on the jury list the date that the prospective |
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jurors are to be summoned to appear and shall either: |
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(1) summon the prospective jurors directly in the same |
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manner a sheriff or constable would summon a juror under Section |
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62.013; or |
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(2) deliver the jury list to: |
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(A) [(1)] the sheriff, for a county or district |
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court jury; or |
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(B) [(2)] the sheriff or constable, for a justice |
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court jury. |
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SECTION 5. The heading to Section 62.013, Government Code, |
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is amended to read as follows: |
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Sec. 62.013. SUMMONS FOR JURY SERVICE BY CLERK, SHERIFF, OR |
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CONSTABLE. |
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SECTION 6. Sections 62.013(a) and (b), Government Code, are |
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amended to read as follows: |
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(a) Except as provided by Section 62.014, the clerk, |
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sheriff, or constable, on receipt of a jury list from a county or |
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district clerk, shall immediately notify the persons whose names |
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are on the list to appear for jury service on the date designated by |
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the judge. |
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(b) The clerk, sheriff, or constable shall notify each |
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prospective juror to appear for jury service: |
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(1) by an oral summons; or |
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(2) if the judge ordering the summons so directs, by a |
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written summons sent by registered mail or certified mail, return |
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receipt requested, or by first class mail to the address on the jury |
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wheel card or the address on the current voter registration list of |
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the county. |
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SECTION 7. Sections 62.0131(b) and (c), Government Code, |
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are amended to read as follows: |
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(b) The model must include: |
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(1) the option to provide: |
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(A) the exemptions and restrictions governing |
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jury service under Subchapter B; or |
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(B) the electronic address of the court's |
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Internet website on which is posted the exemptions and restrictions |
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governing jury service under Subchapter B; [and] |
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(2) the information under Chapter 122, Civil Practice |
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and Remedies Code, relating to the duties of an employer with regard |
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to an employee who is summoned for jury service; |
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(3) notice of the contempt action to which the person |
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summoned for jury service is subject under Section 62.0141 for |
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failure to comply with the jury summons; and |
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(4) the option to: |
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(A) include in the jury summons the juror |
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questionnaire required by Section 62.0132; |
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(B) provide the electronic address of the court's |
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Internet website from which the juror questionnaire may be easily |
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printed; or |
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(C) in counties in which the district and |
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criminal district judges adopted a plan for an electronic jury |
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selection method under Section 62.011, provide the electronic |
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address of the court's Internet website for the prospective juror |
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to access and complete the juror questionnaire. |
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(c) A written jury summons must conform with the model |
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established under this section and must be 3-1/2 by 5 inches or |
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larger in size. |
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SECTION 8. The heading to Section 62.0132, Government Code, |
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is amended to read as follows: |
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Sec. 62.0132. JUROR [WRITTEN JURY SUMMONS] QUESTIONNAIRE. |
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SECTION 9. Sections 62.0132(c) and (d), Government Code, |
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are amended to read as follows: |
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(c) The questionnaire must require a person to provide |
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biographical and demographic information that is relevant to |
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service as a jury member, including the person's: |
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(1) name, sex, race, and age; |
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(2) residence address and mailing address; |
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(3) education level, occupation, and place of |
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employment; |
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(4) marital status and the name, occupation, and place |
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of employment of the person's spouse; [and] |
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(5) citizenship status and county of residence; and |
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(6) any electronic address. |
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(d) Except as provided by this subsection, a person who has |
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received a [written] jury summons shall complete and submit a juror |
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[jury summons] questionnaire when the person reports for jury duty. |
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If the district and criminal district judges of a county adopt a |
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plan for an electronic jury selection method under Section 62.011, |
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the county may allow a person to complete and submit a juror [jury |
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summons] questionnaire on the court's Internet website as |
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authorized under Section 62.0111(b)(5). |
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SECTION 10. The heading to Section 62.014, Government Code, |
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is amended to read as follows: |
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Sec. 62.014. SUMMONS FOR JURY SERVICE BY CLERKS, SHERIFFS, |
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OR BAILIFFS. |
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SECTION 11. Section 62.014(a), Government Code, is amended |
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to read as follows: |
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(a) In a county with at least nine district courts, the |
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district judges may direct that prospective jurors be summoned for |
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jury service by the clerk, the sheriff, or [by] a bailiff, or an |
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assistant or deputy bailiff, in charge of the central jury room and |
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the general panel of the county. |
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SECTION 12. Section 62.0145, Government Code, is amended to |
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read as follows: |
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Sec. 62.0145. REMOVAL OF CERTAIN PERSONS FROM POOL OF |
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PROSPECTIVE JURORS. Except as provided by Section 62.0146, if a |
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written summons for jury service sent by a clerk, sheriff, |
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constable, or bailiff is undeliverable, the county or district |
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clerk may remove from the jury wheel the jury wheel card for the |
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person summoned or the district clerk, or in a county with a |
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population of at least 1.7 million and in which more than 75 percent |
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of the population resides in a single municipality, a bailiff |
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appointed as provided under Section 62.019, may remove the person's |
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name from the record of names for selection of persons for jury |
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service under Section 62.011. |
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SECTION 13. Section 62.0146, Government Code, is amended to |
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read as follows: |
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Sec. 62.0146. UPDATING ADDRESSES OF CERTAIN PERSONS IN POOL |
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OF PROSPECTIVE JURORS. If a written summons for jury service sent |
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by a clerk, sheriff, constable, or bailiff is returned with a |
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notation from the United States Postal Service of a change of |
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address for the person summoned, the county or district clerk may |
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update the jury wheel card to reflect the person's new address. |
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SECTION 14. Section 62.015(b), Government Code, is amended |
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to read as follows: |
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(b) If the court at any time does not have a sufficient |
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number of prospective jurors present whose names are on the jury |
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lists and who are not excused by the judge from jury service, the |
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judge shall order the clerk, sheriff, or constable to summon |
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additional prospective jurors to provide the requisite number of |
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jurors for the panel. The names of additional jurors to be summoned |
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by the clerk, sheriff, or constable to fill a jury panel shall be |
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drawn from the jury wheel under orders of the judge. Additional |
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jurors summoned to fill a jury panel shall be discharged when their |
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services are no longer required. |
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SECTION 15. Section 62.016(d), Government Code, is amended |
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to read as follows: |
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(d) The clerk or sheriff shall notify the persons whose |
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names are drawn from the jury wheel to appear before the designated |
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judge for jury service. The judge shall hear the excuses of the |
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prospective jurors and swear them in for jury service for the week |
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for which they are to serve as jurors. |
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SECTION 16. Section 62.017(d), Government Code, is amended |
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to read as follows: |
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(d) The clerk or sheriff shall notify the persons whose |
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names are drawn from the jury wheel to appear before the designated |
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judge for jury service. The judge shall hear the excuses of the |
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prospective jurors and swear them in for jury service for the week |
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for which they are to serve as jurors. |
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SECTION 17. Section 62.0175(d), Government Code, is amended |
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to read as follows: |
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(d) The clerk or sheriff shall notify the persons whose |
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names are drawn from the jury wheel to appear before the district |
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judge for jury service. The judge shall hear the excuses of the |
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prospective jurors and swear them in for jury service for the week |
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for which they are to serve as jurors. |
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SECTION 18. Section 62.109(c), Government Code, is amended |
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to read as follows: |
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(c) The clerk of the district court shall promptly notify |
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the voter registrar of the county of the name and address of each |
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person permanently exempted [and state whether the exemption is |
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permanent or for a specified period]. The voter registrar shall |
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maintain a current register showing [separately] the name and |
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address of each person permanently exempt from jury service under |
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this section [and the name and address of each person exempt from |
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jury service under this section for a specified period]. |
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SECTION 19. Subchapter B, Chapter 62, Government Code, is |
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amended by adding Section 62.115 to read as follows: |
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Sec. 62.115. COMPILATION OF LIST OF CONVICTED PERSONS. (a) |
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The clerk of the court shall maintain a list of the name and address |
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of each person who is disqualified under this subchapter from jury |
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service because the person was convicted of misdemeanor theft or a |
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felony. |
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(b) A person who was convicted of misdemeanor theft or a |
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felony shall be permanently disqualified from serving as a juror. A |
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person is exempt from this section if the person: |
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(1) was placed on deferred adjudication and received a |
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dismissal and discharge in accordance with Article 42A.111, Code of |
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Criminal Procedure; |
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(2) was placed on community supervision and the period |
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of community supervision was terminated early under Article |
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42A.701, Code of Criminal Procedure; or |
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(3) was pardoned or has had the person's civil rights |
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restored. |
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(c) The district clerk may remove from the jury wheel the |
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jury wheel card for the person whose name appears on the list. |
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(d) On the third business day of each month, the clerk shall |
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send to the secretary of state a copy of the list of persons |
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disqualified because of a conviction of misdemeanor theft or a |
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felony in the preceding month. |
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SECTION 20. Section 62.411(a), Government Code, is amended |
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to read as follows: |
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(a) In addition to other methods of jury selection provided |
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by this chapter, a justice of the peace may issue a writ commanding |
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the clerk, sheriff, or constable to immediately summon a venire |
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from which six qualified persons may be selected for jury service |
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if: |
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(1) a jury case is pending for trial at a term of |
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justice court; or |
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(2) the court does not have a sufficient number of |
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prospective jurors present whose names are on the jury list and who |
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are not excused from jury service. |
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SECTION 21. Section 62.412(c), Government Code, is amended |
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to read as follows: |
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(c) A justice of the peace may command the clerk, sheriff, |
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or constable to immediately summon additional persons for jury |
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service in the justice court if the number of qualified jurors, |
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including persons summoned under Section 62.016, is less than the |
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number necessary for the justice court to conduct its proceedings. |
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SECTION 22. Sections 62.0111(c) and 62.0132(b), Government |
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Code, are repealed. |
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SECTION 23. This Act takes effect September 1, 2023. |