SRC-CDH H.B. 1684 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 1684
By: Clark (Duncan)
Criminal Justice
5-16-97
Engrossed


DIGEST 

Currently, the Code of Criminal Procedure requires all 12 members of a
jury to be present and vote unanimously in a criminal case.  Alternate
jurors customarily are excused just before the trial judge reads the
charge to the jury.  Under Article 36.29(c) of the Code of Criminal
Procedure, if a juror becomes sick after the judge reads the charge to the
jury, the judge must discharge the jury and declare a mistrial.  H.B. 1684
would allow the 11 remaining jurors to render a verdict and assess
punishment on the agreement of the defendant and the attorney representing
the state.  It would also require that each of the 11 jurors sign the
verdict.    

PURPOSE

As proposed, H.B. 1684 establishes provisions regarding circumstances in
which less than the whole number of a jury may render a verdict in a
criminal case.  

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Article 36.29(c), Code of Criminal Procedure, to require
a jury to be discharged if, after the charge of the court is read to the
jury, any one of them becomes sick or any accident occurs to prevent their
being kept together, except that on agreement on the record by the
defendant and the attorney representing the state, 11 members of a jury
may render a verdict and, if punishment is to be assessed by the jury,
assess punishment.  Requires each member of the jury to sign the verdict
if a verdict is rendered by less than the whole number of the jury.   

SECTION 2. Effective date:  September 1, 1997.

SECTION 3. Emergency clause.