ACM H.B. 1684 75(R)BILL ANALYSIS CRIMINAL JURISPRUDENCE H.B. 1684 By: Clark 5-1-97 Committee Report (Unamended) BACKGROUND The Code of Criminal Procedure currently 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 the present version of the Code of Criminal Procedure, Article 36.29(c), if a juror becomes sick after the judge reads the charge to the jury, the judge must discharge the jury and declare a mistrial. PURPOSE HB 1684, as proposed, would allow, on the agreement of the defendant and the attorney representing the state, the 11 remaining jurors to render a verdict and assess punishment. It would also require that each of the 11 jurors sign the verdict. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Article 36.29(c), Code of Criminal Procedure, by adding language that would allow the defense counsel and the prosecutor to agree on the record to let the remaining 11 jurors render a verdict and assess punishment if one of the 12 original jurors becomes sick. It also adds language that provides that each member of the jury shall sign the verdict when the verdict is rendered by less than 12 jurors. SECTION 2. Effective date: September 1, 1997. SECTION 3. Emergency clause.