By: Duncan S.B. No. 409 A BILL TO BE ENTITLED AN ACT 1-1 relating to the separation of sequestered jurors in a criminal case 1-2 under certain circumstances. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Article 35.23, Code of Criminal Procedure, is 1-5 amended to read as follows: 1-6 Art. 35.23. JURORS MAY SEPARATE. The court may adjourn 1-7 veniremen to any day of the term. When jurors have been sworn in a 1-8 felony case, the court may, at its discretion, permit the jurors to 1-9 separate until the court has given its charge to the jury. The 1-10 court on its own motion may and on the motion of either party 1-11 shall, after having given its charge to the jury, order that the 1-12 jury not be allowed to separate, after which the jury shall be kept 1-13 together, and not permitted to separate except to the extent of 1-14 housing female jurors separate and apart from male jurors or 1-15 permitting jurors to separate for meals or other proper purposes, 1-16 until a verdict has been rendered or the jury finally discharged. 1-17 Any person who makes known to the jury which party made the motion 1-18 not to allow separation of the jury shall be punished for contempt 1-19 of court. If such jurors are kept overnight, facilities shall be 1-20 provided for female jurors separate and apart from the facilities 1-21 provided for male jurors. In misdemeanor cases the court may, at 1-22 its discretion, permit the jurors to separate at any time before 1-23 the verdict. In any case in which the jury is permitted to 1-24 separate, the court shall first give the jurors proper instructions 2-1 with regard to their conduct as jurors when so separated. 2-2 SECTION 2. This Act takes effect September 1, 1999, and 2-3 applies to all criminal proceedings occurring on or after that 2-4 date. 2-5 SECTION 3. The importance of this legislation and the 2-6 crowded condition of the calendars in both houses create an 2-7 emergency and an imperative public necessity that the 2-8 constitutional rule requiring bills to be read on three several 2-9 days in each house be suspended, and this rule is hereby suspended.