1-1     By:  Clark (Senate Sponsor - Duncan)                  H.B. No. 1684

 1-2           (In the Senate - Received from the House May 12, 1997;

 1-3     May 13, 1997, read first time and referred to Committee on Criminal

 1-4     Justice; May 18, 1997, reported favorably by the following vote:

 1-5     Yeas 7, Nays 0; May 18, 1997, sent to printer.)

 1-6                            A BILL TO BE ENTITLED

 1-7                                   AN ACT

 1-8     relating to circumstances in which less than the whole number of a

 1-9     jury may render a verdict in a criminal case.

1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-11           SECTION 1.  Article 36.29(c), Code of Criminal Procedure, is

1-12     amended to read as follows:

1-13           (c)  After the charge of the court is read to the jury, if

1-14     any one of them becomes so sick as to prevent the continuance of

1-15     his duty, or any accident of circumstance occurs to prevent their

1-16     being kept together under circumstances under which the law or the

1-17     instructions of the court requires that they be kept together, the

1-18     jury shall be discharged, except that on agreement on the record by

1-19     the defendant and the attorney representing the state 11 members of

1-20     a jury may render a verdict and, if punishment is to be assessed by

1-21     the jury, assess punishment.  If a verdict is rendered by less than

1-22     the whole number of the jury, each member of the jury shall sign

1-23     the verdict.

1-24           SECTION 2.  This Act takes effect September 1, 1997.

1-25           SECTION 3.  The importance of this legislation and the

1-26     crowded condition of the calendars in both houses create an

1-27     emergency and an imperative public necessity that the

1-28     constitutional rule requiring bills to be read on three several

1-29     days in each house be suspended, and this rule is hereby suspended.

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