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.