By Clark                                        H.B. No. 1684

      75R6251 KEL-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to circumstances in which less than the whole number of a

 1-3     jury may render a verdict in a criminal case.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Article 36.29(c), Code of Criminal Procedure, is

 1-6     amended to read as follows:

 1-7           (c)  After the charge of the court is read to the jury, if

 1-8     any one of them becomes so sick as to prevent the continuance of

 1-9     his duty, or any accident of circumstance occurs to prevent their

1-10     being kept together under circumstances under which the law or the

1-11     instructions of the court requires that they be kept together, the

1-12     jury shall be discharged, except that on agreement on the record by

1-13     the defendant and the attorney representing the state 11 members of

1-14     a jury may render a verdict and, if punishment is to be assessed by

1-15     the jury, assess punishment.  If a verdict is rendered by less than

1-16     the whole number of the jury, each member of the jury shall sign

1-17     the verdict.

1-18           SECTION 2.  This Act takes effect September 1, 1997.

1-19           SECTION 3.  The importance of this legislation and the

1-20     crowded condition of the calendars in both houses create an

1-21     emergency and an imperative public necessity that the

1-22     constitutional rule requiring bills to be read on three several

1-23     days in each house be suspended, and this rule is hereby suspended.