By: Wentworth S.B. No. 886
A BILL TO BE ENTITLED
1-1 relating to the retrial of a case in a justice court or municipal
1-2 court after a mistrial has been declared.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Article 45.40, Code of Criminal Procedure, is
1-5 amended to read as follows:
1-6 Art. 45.40. MISTRIAL. A jury shall be discharged if it
1-7 fails to agree to a verdict after being kept together a reasonable
1-8 time. If a jury is discharged without having rendered a verdict,
1-9 the cause may be tried again during the same term or during another
1-10 term. <
there be time left on the same day, another jury may be
1-11 impaneled to try the cause, or the justice may adjourn for not more
1-12 than two days and again impanel a jury to try such cause.>
1-13 SECTION 2. Chapter 30, Civil Practice and Remedies Code, is
1-14 amended by adding Section 30.007 to read as follows:
1-15 Sec. 30.007. MISTRIAL IN JUSTICE COURT OR MUNICIPAL COURT.
1-16 If a jury in a trial in a justice court or a municipal court is
1-17 discharged without having rendered a verdict, the cause may be
1-18 tried again as soon as practicable.
1-19 SECTION 3. This Act takes effect September 1, 1995, and
1-20 applies to a trial in a justice court or municipal court that
1-21 begins on or after that date. For purposes of this section, a
1-22 trial begins on the date a jury is impaneled. A trial that begins
1-23 in a justice court or municipal court before the effective date of
1-24 this Act is governed by the law in effect when the trial began, and
2-1 that law is continued in effect for that purpose.
2-2 SECTION 4. The importance of this legislation and the
2-3 crowded condition of the calendars in both houses create an
2-4 emergency and an imperative public necessity that the
2-5 constitutional rule requiring bills to be read on three several
2-6 days in each house be suspended, and this rule is hereby suspended.