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Texas Disability Law - Accommodations for Jurors, Witnesses and Offenders

Texas Law

  • Provides for a plan for meeting the treatment, rehabilitative, and educational needs of offenders with medical or mental impairments including development of community-based alternatives to incarceration,
  • Defines a process for determining criminal competency and how to apply it consistently across the state.
  • Provides that a party or witness who is deaf or hard of hearing is entitled to a qualified court-appointed sign language interpreter in civil and criminal cases.
  • Requires the Department of Assistive and Rehabilative Services, Deaf and Hard of Hearing Services to maintain a list of sign language interpreters and specialists in computer assisted real time captioning (CART) who are qualified to provide services in courtroom settings.
  • Provides that persons who are blind or who are deaf or hard of hearing are not disqualified from jury service because of disability. A court may choose to disqualify a person with a visual or hearing impairment from jury service if the judge finds that the individual's disability makes him or her unqualified to serve as a juror in a particular case.
  • Provides that courts are responsible for providing qualified sign language interpreters for jurors who are deaf.

Texas Legal Citation

Texas Correctional Office on Offenders with Medical or Mental Impairments:

Texas Health and Safety Code, Chapter 614

Competency:

Code of Criminal Procedure Title 1, Section 1, Chapter 46B

Court-Appointed Interpreter:

Texas Civil Practice and Remedies Code, Chapter 21 (civil cases)
Texas Code of Criminal Procedure, Article 38.31 (criminal cases)
Texas Government Code, Chapter 57 (licensing of court interpreters)

Juries:

Texas Government Code, Section 62.104 (jurors who are blind)
Texas Government Code, Section 62.1041 (jurors who are deaf)
Texas Code of Criminal Procedure, Article 35.16 (criminal cases)

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Relevant Federal Laws