By Solomons H.B. No. 234 75R495 DAK-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to instructing juries concerning discussions and the 1-3 submission of questions. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subchapter A, Chapter 62, Government Code, is 1-6 amended by adding Section 62.022 to read as follows: 1-7 Sec. 62.022. INSTRUCTIONS RELATING TO QUESTIONS AND 1-8 DISCUSSIONS AMONG JURORS. (a) Except as limited or prohibited by 1-9 the court for good cause, the court shall instruct jurors who are 1-10 separated during a trial that: 1-11 (1) they are not to converse with or permit themselves 1-12 to be addressed by any person other than a fellow juror on any 1-13 subject connected with the trial; and 1-14 (2) they may discuss the evidence presented at the 1-15 trial among themselves in the jury room or other place of 1-16 sequestration during recesses from the trial if: 1-17 (A) all jurors are present; and 1-18 (B) they reserve judgment about the outcome of 1-19 the trial until formal deliberations begin. 1-20 (b) Except as limited or prohibited by the court for good 1-21 cause, the court shall instruct jurors immediately after they are 1-22 sworn that they may submit to the court written questions directed 1-23 to a witness or to the court. After allowing the parties an 1-24 opportunity to object to any question out of the presence of the 2-1 jury, the court shall: 2-2 (1) determine, solely as a matter of its discretion 2-3 and not subject to appeal, whether the questions are proper; and 2-4 (2) if the court determines that the questions are 2-5 proper, either answer the questions if directed to the court or 2-6 require that the witness to whom the questions are directed answer 2-7 the questions. 2-8 (c) This section applies to a jury impaneled for any case, 2-9 whether civil or criminal. 2-10 (d) Notwithstanding Section 22.004, the supreme court may 2-11 not amend or adopt rules in conflict with this section. 2-12 SECTION 2. This Act takes effect September 1, 1997, and 2-13 applies only to a jury impaneled after that date, without regard to 2-14 whether the case for which the jury is impaneled commenced before, 2-15 on, or after that date. A jury impaneled before the effective date 2-16 of this Act is governed by the law applicable to the jury 2-17 immediately before the effective date of this Act, and that law is 2-18 continued in effect for that purpose. 2-19 SECTION 3. The importance of this legislation and the 2-20 crowded condition of the calendars in both houses create an 2-21 emergency and an imperative public necessity that the 2-22 constitutional rule requiring bills to be read on three several 2-23 days in each house be suspended, and this rule is hereby suspended.