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A BILL TO BE ENTITLED
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AN ACT
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relating to an argument before the jury after a subsequent jury |
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charge in a criminal case. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 36.16, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 36.16. FINAL CHARGE. (a) After the judge shall have |
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received the objections to the judge's [his] main charge, together |
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with any special charges offered, the judge [he] may make those |
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[such] changes in the [his] main charge as the judge [he] may deem |
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proper, and the defendant or the defendant's [his] counsel shall |
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have the opportunity to present [their] objections to the main |
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charge [thereto and] in the same manner as [is] provided in Article |
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36.15. The [, and thereupon the] judge shall read the [his] charge |
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to the jury as finally written, together with any special charges |
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given, and no further exception or objection shall be required of |
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the defendant [in order] to preserve any objections or exceptions |
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previously [theretofore] made. |
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(b) After the argument begins no further charge shall be |
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given to the jury unless required by the improper argument of |
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counsel or the request of the jury, or unless the judge shall, in |
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the judge's [his] discretion, permit the introduction of other |
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testimony, and in the event of a [such] further charge, the |
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defendant or the defendant's [his] counsel shall have the right to |
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present objections in the same manner as is prescribed in Article |
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36.15. The failure of the court to give the defendant or the |
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defendant's [his] counsel a reasonable time to examine the charge |
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and specify the ground of objection shall be subject to review |
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either in the trial court or in the appellate court. |
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(c) The court shall permit each party to present an argument |
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to the jury if the court delivers a further charge to the jury under |
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Subsection (b). |
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SECTION 2. The change in law made by this Act applies only |
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to a criminal proceeding that commences on or after the effective |
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date of this Act. A criminal proceeding that commences before the |
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effective date of this Act is governed by the law in effect on the |
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date the proceeding commenced, and the former law is continued in |
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effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2023. |