I don't know if these items have yet been filed, but they have been drafted and at least one legislator has indicated interest in them. They were drafted by Mike Elliott, veteran prosecutor from Fort Bend County.

Below is Mike's brief summary of the text of these bills and below that is the actual text of his submission for the jury pool bill. I did not include the text of the other three suggested bills as they are self-explanatory.

I apologize for the length of the post but Mike is interested in your input as well as your support as well as that of your reps and senators.
With his consent, I advised I would assist him by posting them here. The only bill I see generating controversy will be the jury pool bill.

SUMMARY OF THE FOUR BILLS

The 1st bill, is concerning the ID Theft statute, and adds protection for businesses as well as enhances punishment for the ring leaders of ID theft organizations.

The 2nd bill, changes the appellate timetable for the State to file an appeal from 15 days to 30 days and which is consistent with the other relevant appellate timetables.

The 3rd bill, adds anything which "reasonably appears to be a deadly weapon" to the list on enhancing items in the Aggravated Robbery statute, i.e. (4) uses or exhibits an object which reasonably appears to be a deadly weapon.


The 4th bill, reverts the jury pool system back to the pre-2001 legislation, which was to be pulled from the voters registration database only. The pool currently pulls from both DPS TDL records, as well as Voters registration records. The problem is that less than 30% of the summoned jurors are showing up leaving the system in disarray, and wasting a great deal of time and money. Additionally, the current system exposes the public's Social security & drivers License number information to the public's potential eye. The amendment should save a tremendous amount of money, as well as make the system better and safer.

HERE IS THE TEXT FOR THE JURY POOL BILL:


A BILL TO BE ENTITLED
AN ACT

Relating to the reconstitution of the jury wheel to protect identifying information of prospective jurors, to simplify the procedure by which prospective jurors are summoned, to reduce the cost to the State and counties by reducing paperwork, and to attempt to increase the percentage of persons who comply with a summons for jury duty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
Section 62.001 of the Texas Government Code, is amended by reforming Subdivision (a), (c), (f), (g), (h), and (i) to read as follows:
� 62.001. JURY SOURCE; RECONSTITUTION OF JURY WHEEL.
(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 (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.
(c) Each year not later than the third Tuesday in November or the date provided by Section 16.032, Election Code, for the cancellation of voter registrations, whichever is earlier, the voter registrar of each county shall furnish to the secretary of state a current voter registration list from all the precincts in the county that, except as provided by Subsection (d), includes:
(1) the complete name, mailing address, date of birth, voter registration number, and precinct number for each voter;
(2) if available, the Texas driver's license number or personal identification card or certificate number and social security number for each voter; and
(3) any other information included on the voter registration list of the county. , other than a Texas driver�s license number, a personal identification card or certificate number, or social security number for each voter, which is not to be included.
(d) The list required by Subsection (c) may exclude, at the option of the voter registrar of each county, the names of persons on the suspense list maintained under Section 15.081, Election Code.
(e) The voter registrar shall send a list of the names of persons excluded to the secretary of state with the list required by Subsection (c).
(f) The Department of Public Safety shall furnish a list to the secretary of state that shows the names required under Subsection (a)(2) and that contains any of the information enumerated in Subsection (c) that is available to the department, including citizenship status and county of residence. The list shall exclude the names of convicted felons, persons who are not citizens of the United States, persons residing outside the county, and the duplicate name of any registrant. The department shall furnish the list to the secretary of state on or before the first Monday in October of each year. Deleted.
(g) The secretary of state shall accept the lists furnished as provided by Subsections (c) through (f) (e). The secretary of state shall combine the lists, eliminate duplicate names, and send the combined list to each county on or before December 31 of each year or as may be required under a plan developed in accordance with Section 62.011. The district clerk of a county that has adopted a plan under Section 62.011 shall give the secretary of state notice not later than the 90th day before the date the list is required. The list furnished the county must be in a format, electronic or printed copy, as requested by the county and must be certified by the secretary of state stating that the list contains the names required by Subsections (c) through (e) (f), eliminating duplications. The secretary of state shall furnish the list free of charge.
(h) If the secretary of state is unable to furnish the list as provided in this section because of the failure of the voter registrar to furnish the county voter registration list to the secretary of state, the county tax assessor-collector, sheriff, county clerk, and district clerk in the county shall meet at the county courthouse between January 1 and January 15 of the following year and shall reconstitute the jury wheel for the county, except as
provided under a plan adopted under Section 62.011. The deadlines included in the plan control for preparing the list and reconstituting the wheel. The secretary of state shall send the list furnished by the Department of Public Safety as provided by Subsection (f) to the voter registrar, who shall combine the lists as described in this section for use as the juror source and certify the combined list as required of the secretary of state under Subsection (g).
(i) The commissioners court may, instead of using the method provided by Subsections (c) through (h), contract with another governmental unit or a private person to combine the voter registration list with the list furnished by the Department of Public Safety carry out the directives of this section. Subsections (c) through (h) do not apply to a county in which the commissioners court has contracted with another governmental unit or a private person under this subsection. The Department of Public Safety may not charge a fee for furnishing a list under this subsection. Each list must contain the name, date of birth, address, and county of residence, and citizenship status of each person listed. If practical, each list must contain any other information useful in determining if the person is qualified to serve as a juror.
(j) Notwithstanding Subsection (a), in a county with a population of 250,000 or more, the names of persons who are summoned for jury service in the county and who appear for service must be removed from the jury wheel and may not be maintained in the jury wheel until the third anniversary of the date the person appeared for service or until the next date the jury wheel is reconstituted, whichever date occurs earlier. This subsection applies regardless of whether the person served on a jury as a result of the summons.
(k) In reconstituting the jury wheel, the county or district clerk shall update jury wheel cards to reflect addresses that have been changed as provided by Section 62.0146.

Is there any way to distinguish the new text and old text in the changes, for quick reading? I don't see the forum letting us use strike throughs and underlines with the UBBCode, but perhaps putting the new text in bold and old text in (italics) within parentheses?

[Note: Additions are marked in bold, and deletions are (marked by italics with parentheses around the deleted portions.)]

Section 62.001 of the Texas Government Code, is amended by reforming Subdivision (a), (c), (f), (g), (h), and (i) to read as follows:
� 62.001. JURY SOURCE; RECONSTITUTION OF JURY WHEEL.
(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 (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.
(c) Each year not later than the third Tuesday in November or the date provided by Section 16.032, Election Code, for the cancellation of voter registrations, whichever is earlier, the voter registrar of each county shall furnish to the secretary of state a current voter registration list from all the precincts in the county that, except as provided by Subsection (d), includes:
(1) the complete name, mailing address, date of birth, voter registration number, and precinct number for each voter;
(2) if available, the Texas driver's license number or personal identification card or certificate number and social security number for each voter; and
(3) any other information included on the voter registration list of the county(. ), other than a Texas driver's license number, a personal identification card or certificate number, or social security number for each voter, which is not to be included.
(d) The list required by Subsection (c) may exclude, at the option of the voter registrar of each county, the names of persons on the suspense list maintained under Section 15.081, Election Code.
(e) The voter registrar shall send a list of the names of persons excluded to the secretary of state with the list required by Subsection (c).
(f) The Department of Public Safety shall furnish a list to the secretary of state that shows the names required under Subsection (a)(2) and that contains any of the information enumerated in Subsection (c) that is available to the department, including citizenship status and county of residence. The list shall exclude the names of convicted felons, persons who are not citizens of the United States, persons residing outside the county, and the duplicate name of any registrant. The department shall furnish the list to the secretary of state on or before the first Monday in October of each year.

Deleted. [This word has been separated. Does he mean to delete the entire section (f)? It appears so from the other changes.]


(g) The secretary of state shall accept the lists furnished as provided by Subsections (c) through (f) (e). The secretary of state shall combine the lists, eliminate duplicate names, and send the combined list to each county on or before December 31 of each year or as may be required under a plan developed in accordance with Section 62.011. The district clerk of a county that has adopted a plan under Section 62.011 shall give the secretary of state notice not later than the 90th day before the date the list is required. The list furnished the county must be in a format, electronic or printed copy, as requested by the county and must be certified by the secretary of state stating that the list contains the names required by Subsections (c) through (e) (f), eliminating duplications. The secretary of state shall furnish the list free of charge.
(h) If the secretary of state is unable to furnish the list as provided in this section because of the failure of the voter registrar to furnish the county voter registration list to the secretary of state, the county tax assessor-collector, sheriff, county clerk, and district clerk in the county shall meet at the county courthouse between January 1 and January 15 of the following year and shall reconstitute the jury wheel for the county, except as
provided under a plan adopted under Section 62.011. The deadlines included in the plan control for preparing the list and reconstituting the wheel. The secretary of state shall send the list furnished by the Department of Public Safety as provided by Subsection (f) to the voter registrar, who shall combine the lists as described in this section for use as the juror source and certify the combined list as required of the secretary of state under Subsection (g).
(i) The commissioners court may, instead of using the method provided by Subsections (c) through (h), contract with another governmental unit or a private person to combine the voter registration list with the list furnished by the Department of Public Safety carry out the directives of this section. Subsections (c) through (h) do not apply to a county in which the commissioners court has contracted with another governmental unit or a private person under this subsection. The Department of Public Safety may not charge a fee for furnishing a list under this subsection. Each list must contain the name, date of birth, address, and county of residence, and citizenship status of each person listed. If practical, each list must contain any other information useful in determining if the person is qualified to serve as a juror.

[Does he want to include something here about excepting social security and/or DL information from the data to be provided?]

(j) Notwithstanding Subsection (a), in a county with a population of 250,000 or more, the names of persons who are summoned for jury service in the county and who appear for service must be removed from the jury wheel and may not be maintained in the jury wheel until the third anniversary of the date the person appeared for service or until the next date the jury wheel is reconstituted, whichever date occurs earlier. This subsection applies regardless of whether the person served on a jury as a result of the summons.
(k) In reconstituting the jury wheel, the county or district clerk shall update jury wheel cards to reflect addresses that have been changed as provided by Section 62.0146.

[Let me know on the changes, and I'll try to edit them in this post -JTL]

Pending legislation can be an appropriate topic for discussion on this educational forum, but only in the same manner that you would discuss a recent court case -- i.e., what are its implications, consequences, interpretations, etc.

Strategy, lobbying efforts by individuals, and other advocacy-related posts will have to be deleted by the administrators.

Thanks,
-Shannon

(p.s. - I'm not locking this post, I'm just putting folks on notice to keep it within the lines so the post can remain active.)

Thanks Shannon.

I think the aggravated robbery mod would be a good one because we all encounter bb guns, etc. that are displayed to accomplish the effect of a real firearm but in fact are not. This often leads to charging confusion, etc.

Likewise, I think the extension of the appellate deadlines for a State's appeal is called for, simply to make all appellate deadlines the same for everyone. In in the one State's appeal from a ruling on a motion to suppress that I have handled had to hustle to get it done within the time limitations once the matter was brought to me to handle, after a few days on the clock had already gone by.

I agree with the extension idea also because the courts held we cannot file a motion for extension and more than once I have found out about a ruling against the state too late to do anything about it. I guess the 15 days was chosen on the idea it was an accelerated appeal (or at least entitled to preference), but the courts usually take their time anyway.

I believe the 15 day timeline came from the federal statute from which 44.01 was derived.