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House Bill 3265 |
House Author: Straus et al. |
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Effective: 9-1-05 |
Senate Sponsor: Wentworth |
House Bill 3265 amends the Code of Criminal Procedure to provide that, in certain criminal cases that are tried before a jury on a plea of not guilty, if the jury fails to agree on the issue of guilt or innocence, the judge must declare a mistrial and discharge the jury, and jeopardy does not attach. The bill limits the consequence of a jury's failure to agree on the issue of punishment to a declaration of a mistrial in the punishment phase of the trial only. In such a case, the bill requires the court to impanel another jury as soon as practicable to determine the issue of punishment.