bill barring discriminatory peremptory strikes of jurors

The text as introduced · 668 words

89R4277 BCH-D

By: Flores
H.B. No. 580

A BILL TO BE ENTITLED

AN ACT

relating to prohibited disqualification of and peremptory

challenges to certain prospective jurors.

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

SECTION 1. Chapter 30, Civil Practice and Remedies Code, is

amended by adding Section 30.023 to read as follows:

Sec. 30.023. PROHIBITED PEREMPTORY JURY CHALLENGES. (a)

After the parties to a case deliver jury lists to the court clerk

and before the court impanels the jury, either party may request the

court to dismiss the array of jurors and call a new array in the

case.

(b) The court shall grant the motion of a complaining party

for dismissal of the array of jurors if the court finds:

(1) the attorney representing the opposing party

exercised peremptory challenges for the purpose of excluding

prospective jurors from the jury based on their actual or perceived

race, ethnicity, sex, gender identity, sexual orientation,

disability status, national origin, or economic status; and

(2) the complaining party has offered evidence of

relevant facts that tend to show the attorney representing the

opposing party made peremptory challenges for a reason described by

Subdivision (1).

(c) If the complaining party establishes a prima facie case

under Subsection (b), the burden shifts to the attorney

representing the opposing party to provide an explanation for the

peremptory challenges that is neutral to the classes described by

Subsection (b)(1).

(d) If the court finds that either attorney challenged

prospective jurors for a reason described by Subsection (b)(1), the

court shall call a new array in the case.

SECTION 2. Article 35.261, Code of Criminal Procedure, is

amended to read as follows:

Art. 35.261. PROHIBITED PEREMPTORY CHALLENGES BASED ON

CERTAIN CLASSES [ RACE PROHIBITED ]. (a) After the parties to a case

deliver [ have delivered ] their lists to the clerk under Article

35.26 of this code and before the court impanels [ has impanelled ]

the jury, either party [ the defendant ] may request the court to

dismiss the array and call a new array in the case.

(b) The court shall grant the motion of a party [ defendant ]

for dismissal of the array if the court finds:

(1) [ determines that the defendant is a member of an

identifiable racial group, that ] the attorney representing the

opposing party [ state ] exercised peremptory challenges for the

purpose of excluding persons from the jury based on [ the basis of ]

their actual or perceived race, ethnicity, sex, gender identity,

sexual orientation, disability status, national origin, or

economic status; and

(2) [ that ] the complaining party [ defendant ] has

offered evidence of relevant facts that tend to show that

challenges made by the attorney representing the opposing party

[ state ] were made for a reason described by Subdivision (1)

[ reasons based on race ].

(c) If the complaining party [ defendant ] establishes a

prima facie case under Subsection (b) , the burden [ then ] shifts to

the attorney representing the opposing party [ state ] to give an [ a

racially neutral ] explanation for the challenges that is neutral to

the classes described by Subsection (b)(1) . [ The burden of

persuasion remains with the defendant to establish purposeful

discrimination. ]

(d) [ (b) ] If the court finds [ determines ] that either [ the ]

attorney [ representing the state ] challenged prospective jurors

for a reason described by Subsection (b)(1) [ on the basis of race ],

the court shall call a new array in the case.

SECTION 3. Chapter 61, Government Code, is amended by

adding Section 61.004 to read as follows:

Sec. 61.004. PROHIBITED JUROR DISQUALIFICATIONS. Subject

to Sections 62.104 and 62.1041, a person may not be disqualified to

serve as a juror based on the person's actual or perceived race,

ethnicity, sex, gender identity, sexual orientation, disability

status, national origin, or economic status.

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