HB5550 - Relating to the role of a jury in a criminal case.

  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.