88R8768 JTZ-F
 
  By: Hayes, Thimesch H.B. No. 4674
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the qualifications, summoning, and reimbursement of
  jurors.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sections 61.003(a) and (b), Government Code, are
  amended to read as follows:
         (a)  Each [After jury service is concluded, each] person who
  reports [reported] for jury service shall be [personally] provided
  the opportunity, either through a written form or electronically,
  to direct [a form letter that when signed by the person directs] the
  county treasurer or a designated county employee to donate all,
  [or] a specific amount designated by the person, or the entire
  amount divided among the funds, programs, and county entities
  listed in this subsection of the person's daily reimbursement under
  this chapter to:
               (1)  the compensation to victims of crime fund
  established under Subchapter J, Chapter 56B, Code of Criminal
  Procedure;
               (2)  the child welfare, child protective services, or
  child services board of the county appointed under Section 264.005,
  Family Code, that serves abused and neglected children;
               (3)  any program selected by the commissioners court
  that is operated by a public or private nonprofit organization and
  that provides shelter and services to victims of family violence;
               (4)  any other program approved by the commissioners
  court of the county, including a program established under Article
  56A.205, Code of Criminal Procedure, that offers psychological
  counseling in criminal cases involving graphic evidence or
  testimony;
               (5)  a veterans treatment court program established by
  the commissioners court as provided by Chapter 124; or
               (6)  a veterans county service office established by
  the commissioners court as provided by Subchapter B, Chapter 434.
         (b)  The county treasurer or a designated county employee
  shall collect any information provided under Subsection (a) [each
  form letter] directing the county treasurer to donate the
  reimbursement of a person who reports for jury service.
         SECTION 2.  Sections 62.001(a) and (b), Government Code, are
  amended to read as follows:
         (a)  The jury wheel must be reconstituted by using, as the
  source:
               (1)  the names of all persons on the current voter
  registration lists from all the precincts in the county; and
               (2)  all names on a current list to be furnished by the
  Department of Public Safety, showing the citizens of the county
  who:
                     (A)  hold a valid Texas driver's license or a
  valid personal identification card or certificate issued by the
  department; and
                     (B)  are not disqualified from jury service under
  Section 62.102(1), (2), or (8) [(7)].
         (b)  Notwithstanding Subsection (a), the names of persons
  listed on a register of persons exempt from jury service may not be
  placed in the jury wheel, as provided by Sections 62.108, [and]
  62.109, 62.113, 62.114, and 62.115.
         SECTION 3.  Section 62.0111(b), Government Code, is amended
  to read as follows:
         (b)  A plan adopted under Subsection (a) may allow for a
  prospective juror to provide information to the county officer
  responsible for summoning jurors or for the county officer to
  provide information to the prospective juror by computer or
  automated telephone system, including:
               (1)  information that permits the court to determine
  whether the prospective juror is qualified for jury service under
  Section 62.102;
               (2)  information that permits the court to determine
  whether the prospective juror is exempt from jury service under
  Section 62.106;
               (3)  submission of a request by the prospective juror
  for a postponement of or excuse from jury service under Section
  62.110;
               (4)  information for jury assignment under Section
  62.016, including:
                     (A)  the prospective juror's postponement status;
                     (B)  if the prospective juror could potentially
  serve on a jury in a justice court, the residency of the prospective
  juror; and
                     (C)  if the prospective juror could potentially
  serve on a jury in a criminal matter, whether the prospective juror
  has been convicted of misdemeanor theft;
               (5)  completion and submission by the prospective juror
  of the written juror [jury summons] questionnaire under Section
  62.0132;
               (6)  the prospective juror's electronic mail address;
  and
               (7)  notification to the prospective juror by
  electronic mail of:
                     (A)  whether the prospective juror is qualified
  for jury service;
                     (B)  the status of the exemption, postponement, or
  judicial excuse request of the prospective juror; or
                     (C)  whether the prospective juror has been
  assigned to a jury panel.
         SECTION 4.  Section 62.012(b), Government Code, is amended
  to read as follows:
         (b)  On receiving the notice from the judge, the clerk shall
  immediately write on the jury list the date that the prospective
  jurors are to be summoned to appear and shall either:
               (1)  summon the prospective jurors directly in the same
  manner a sheriff or constable would summon a juror under Section
  62.013; or
               (2)  deliver the jury list to:
                     (A) [(1)]  the sheriff, for a county or district
  court jury; or
                     (B) [(2)]  the sheriff or constable, for a justice
  court jury.
         SECTION 5.  The heading to Section 62.013, Government Code,
  is amended to read as follows:
         Sec. 62.013.  SUMMONS FOR JURY SERVICE BY CLERK, SHERIFF, OR
  CONSTABLE.
         SECTION 6.  Sections 62.013(a) and (b), Government Code, are
  amended to read as follows:
         (a)  Except as provided by Section 62.014, the clerk,
  sheriff, or constable, on receipt of a jury list from a county or
  district clerk, shall immediately notify the persons whose names
  are on the list to appear for jury service on the date designated by
  the judge.
         (b)  The clerk, sheriff, or constable shall notify each
  prospective juror to appear for jury service:
               (1)  by an oral summons; or
               (2)  if the judge ordering the summons so directs, by a
  written summons sent by registered mail or certified mail, return
  receipt requested, or by first class mail to the address on the jury
  wheel card or the address on the current voter registration list of
  the county.
         SECTION 7.  Sections 62.0131(b) and (c), Government Code,
  are amended to read as follows:
         (b)  The model must include:
               (1)  the option to provide:
                     (A)  the exemptions and restrictions governing
  jury service under Subchapter B; or
                     (B)  the electronic address of the court's
  Internet website on which is posted the exemptions and restrictions
  governing jury service under Subchapter B; [and]
               (2)  the information under Chapter 122, Civil Practice
  and Remedies Code, relating to the duties of an employer with regard
  to an employee who is summoned for jury service;
               (3)  notice of the contempt action to which the person
  summoned for jury service is subject under Section 62.0141 for
  failure to comply with the jury summons; and
               (4)  the option to:
                     (A)  include in the jury summons the juror
  questionnaire required by Section 62.0132;
                     (B)  provide the electronic address of the court's
  Internet website from which the juror questionnaire may be easily
  printed; or
                     (C)  in counties in which the district and
  criminal district judges adopted a plan for an electronic jury
  selection method under Section 62.011, provide the electronic
  address of the court's Internet website for the prospective juror
  to access and complete the juror questionnaire.
         (c)  A written jury summons must conform with the model
  established under this section and must be 3-1/2 by 5 inches or
  larger in size.
         SECTION 8.  The heading to Section 62.0132, Government Code,
  is amended to read as follows:
         Sec. 62.0132.  JUROR [WRITTEN JURY SUMMONS] QUESTIONNAIRE.
         SECTION 9.  Sections 62.0132(c) and (d), Government Code,
  are amended to read as follows:
         (c)  The questionnaire must require a person to provide
  biographical and demographic information that is relevant to
  service as a jury member, including the person's:
               (1)  name, sex, race, and age;
               (2)  residence address and mailing address;
               (3)  education level, occupation, and place of
  employment;
               (4)  marital status and the name, occupation, and place
  of employment of the person's spouse; [and]
               (5)  citizenship status and county of residence; and
               (6)  any electronic address.
         (d)  Except as provided by this subsection, a person who has
  received a [written] jury summons shall complete and submit a juror
  [jury summons] questionnaire when the person reports for jury duty.  
  If the district and criminal district judges of a county adopt a
  plan for an electronic jury selection method under Section 62.011,
  the county may allow a person to complete and submit a juror [jury
  summons] questionnaire on the court's Internet website as
  authorized under Section 62.0111(b)(5).
         SECTION 10.  The heading to Section 62.014, Government Code,
  is amended to read as follows:
         Sec. 62.014.  SUMMONS FOR JURY SERVICE BY CLERKS, SHERIFFS,
  OR BAILIFFS.
         SECTION 11.  Section 62.014(a), Government Code, is amended
  to read as follows:
         (a)  In a county with at least nine district courts, the
  district judges may direct that prospective jurors be summoned for
  jury service by the clerk, the sheriff, or [by] a bailiff, or an
  assistant or deputy bailiff, in charge of the central jury room and
  the general panel of the county.
         SECTION 12.  Section 62.0145, Government Code, is amended to
  read as follows:
         Sec. 62.0145.  REMOVAL OF CERTAIN PERSONS FROM POOL OF
  PROSPECTIVE JURORS.  Except as provided by Section 62.0146, if a
  written summons for jury service sent by a clerk, sheriff,
  constable, or bailiff is undeliverable, the county or district
  clerk may remove from the jury wheel the jury wheel card for the
  person summoned or the district clerk, or in a county with a
  population of at least 1.7 million and in which more than 75 percent
  of the population resides in a single municipality, a bailiff
  appointed as provided under Section 62.019, may remove the person's
  name from the record of names for selection of persons for jury
  service under Section 62.011.
         SECTION 13.  Section 62.0146, Government Code, is amended to
  read as follows:
         Sec. 62.0146.  UPDATING ADDRESSES OF CERTAIN PERSONS IN POOL
  OF PROSPECTIVE JURORS. If a written summons for jury service sent
  by a clerk, sheriff, constable, or bailiff is returned with a
  notation from the United States Postal Service of a change of
  address for the person summoned, the county or district clerk may
  update the jury wheel card to reflect the person's new address.
         SECTION 14.  Section 62.015(b), Government Code, is amended
  to read as follows:
         (b)  If the court at any time does not have a sufficient
  number of prospective jurors present whose names are on the jury
  lists and who are not excused by the judge from jury service, the
  judge shall order the clerk, sheriff, or constable to summon
  additional prospective jurors to provide the requisite number of
  jurors for the panel. The names of additional jurors to be summoned
  by the clerk, sheriff, or constable to fill a jury panel shall be
  drawn from the jury wheel under orders of the judge. Additional
  jurors summoned to fill a jury panel shall be discharged when their
  services are no longer required.
         SECTION 15.  Section 62.016(d), Government Code, is amended
  to read as follows:
         (d)  The clerk or sheriff shall notify the persons whose
  names are drawn from the jury wheel to appear before the designated
  judge for jury service. The judge shall hear the excuses of the
  prospective jurors and swear them in for jury service for the week
  for which they are to serve as jurors.
         SECTION 16.  Section 62.017(d), Government Code, is amended
  to read as follows:
         (d)  The clerk or sheriff shall notify the persons whose
  names are drawn from the jury wheel to appear before the designated
  judge for jury service. The judge shall hear the excuses of the
  prospective jurors and swear them in for jury service for the week
  for which they are to serve as jurors.
         SECTION 17.  Section 62.0175(d), Government Code, is amended
  to read as follows:
         (d)  The clerk or sheriff shall notify the persons whose
  names are drawn from the jury wheel to appear before the district
  judge for jury service.  The judge shall hear the excuses of the
  prospective jurors and swear them in for jury service for the week
  for which they are to serve as jurors.
         SECTION 18.  Section 62.109(c), Government Code, is amended
  to read as follows:
         (c)  The clerk of the district court shall promptly notify
  the voter registrar of the county of the name and address of each
  person permanently exempted [and state whether the exemption is
  permanent or for a specified period].  The voter registrar shall
  maintain a current register showing [separately] the name and
  address of each person permanently exempt from jury service under
  this section [and the name and address of each person exempt from
  jury service under this section for a specified period].
         SECTION 19.  Subchapter B, Chapter 62, Government Code, is
  amended by adding Section 62.115 to read as follows:
         Sec. 62.115.  COMPILATION OF LIST OF CONVICTED PERSONS. (a)
  The clerk of the court shall maintain a list of the name and address
  of each person who is disqualified under this subchapter from jury
  service because the person was convicted of misdemeanor theft or a
  felony.
         (b)  A person who was convicted of misdemeanor theft or a
  felony shall be permanently disqualified from serving as a juror. A
  person is exempt from this section if the person:
               (1)  was placed on deferred adjudication and received a
  dismissal and discharge in accordance with Article 42A.111, Code of
  Criminal Procedure;
               (2)  was placed on community supervision and the period
  of community supervision was terminated early under Article
  42A.701, Code of Criminal Procedure; or
               (3)  was pardoned or has had the person's civil rights
  restored.
         (c)  The district clerk may remove from the jury wheel the
  jury wheel card for the person whose name appears on the list.
         (d)  On the third business day of each month, the clerk shall
  send to the secretary of state a copy of the list of persons
  disqualified because of a conviction of misdemeanor theft or a
  felony in the preceding month.
         SECTION 20.  Section 62.411(a), Government Code, is amended
  to read as follows:
         (a)  In addition to other methods of jury selection provided
  by this chapter, a justice of the peace may issue a writ commanding
  the clerk, sheriff, or constable to immediately summon a venire
  from which six qualified persons may be selected for jury service
  if:
               (1)  a jury case is pending for trial at a term of
  justice court; or
               (2)  the court does not have a sufficient number of
  prospective jurors present whose names are on the jury list and who
  are not excused from jury service.
         SECTION 21.  Section 62.412(c), Government Code, is amended
  to read as follows:
         (c)  A justice of the peace may command the clerk, sheriff,
  or constable to immediately summon additional persons for jury
  service in the justice court if the number of qualified jurors,
  including persons summoned under Section 62.016, is less than the
  number necessary for the justice court to conduct its proceedings.
         SECTION 22.  Sections 62.0111(c) and 62.0132(b), Government
  Code, are repealed.
         SECTION 23.  This Act takes effect September 1, 2023.