bill letting juries acquit when the law is unjust

The text as introduced · 526 words

89R5852 CJD-F

By: Schatzline
H.B. No. 5550

A BILL TO BE ENTITLED

AN ACT

relating to the role of a jury in a criminal case.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Article 35.16, Code of Criminal Procedure, is

amended by amending Subsection (b) and adding Subsection (d) to

read as follows:

(b) A challenge for cause may be made by the state [ State ]

for any of the following reasons:

1. That the juror has conscientious scruples in regard

to the infliction of the punishment of death for crime, in a capital

case, where the state [ State ] is seeking the death penalty; or

2. That the juror [ he ] is related within the third

degree of consanguinity or affinity, as determined under Chapter

573, Government Code, to the defendant[ ; and

[ 3. That he has a bias or prejudice against any phase

of the law upon which the State is entitled to rely for conviction

or punishment ].

(d) A potential juror may not be excused or disqualified

from serving on a jury because the juror expresses a willingness to

exercise a power granted to the jury under Article 36.13.

SECTION 2. Article 36.13, Code of Criminal Procedure, is

amended to read as follows:

Art. 36.13. ROLE OF JURY [ IS JUDGE OF FACTS ]. (a) Unless

otherwise provided in this code [ Code ], the jury is the exclusive

judge of the facts . The jury [ , but it ] is bound to receive the law

from the court and be governed by that law, except if a jury

determines that a defendant is guilty according to the law but that

the law is unjust or unjustly applied to the defendant, the jury may

determine not to apply the law to the defendant and find the

defendant not guilty or guilty of a lesser included offense

[ thereby ].

(b) A defendant has the right to inform the jury of the

jury's power to judge the law in accordance with Subsection (a) and

to vote on the verdict for the defendant's case according to

conscience. The court or the state may not infringe on this right.

Failure to allow the defendant to inform the jury of the jury's

power is grounds for a mistrial.

(c) Notwithstanding any other law, the court shall allow the

defendant to present to the jury for its consideration evidence and

testimony relevant to the exercise of the jury's power under this

article, including evidence and testimony relating to:

(1) the merit, intent, constitutionality, or

applicability of the law in the defendant's case;

(2) the motives, moral perspective, or intent of the

defendant;

(3) the defendant's degree of guilt or the actual harm

caused by the defendant; or

(4) the punishment that may be imposed on the

defendant.

(d) The state may rebut any evidence introduced under this

article with evidence similar in nature.

SECTION 3. The change in law made by this Act applies only

to a jury empaneled on or after the effective date of this Act.

SECTION 4. This Act takes effect September 1, 2025.