Texas Code of Criminal Procedure - Article 35.261. Peremptory Challenges Based On Race Prohibited
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Art. 35.261. PEREMPTORY CHALLENGES BASED ON RACE
PROHIBITED. (a) After the parties have delivered their lists to
the clerk under Article 35.26 of this code and before the court has
impanelled the jury, the defendant may request the court to dismiss
the array and call a new array in the case. The court shall grant
the motion of a defendant for dismissal of the array if the court
determines that the defendant is a member of an identifiable racial
group, that the attorney representing the state exercised
peremptory challenges for the purpose of excluding persons from the
jury on the basis of their race, and that the defendant has offered
evidence of relevant facts that tend to show that challenges made by
the attorney representing the state were made for reasons based on
race. If the defendant establishes a prima facie case, the burden
then shifts to the attorney representing the state to give a
racially neutral explanation for the challenges. The burden of
persuasion remains with the defendant to establish purposeful
discrimination.
(b) If the court determines that the attorney representing
the state challenged prospective jurors on the basis of race, the
court shall call a new array in the case.
Acts 1987, 70th Leg., ch. 751, Sec. 1, eff. Aug. 31, 1987.
Article: 35.19 35.20 35.21 35.22 35.23 35.25 35.26 35.261 35.27 35.28 35.29 36.01 36.02 36.03 36.05
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Last modified: August 10, 2007
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