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.