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.