1-1 By: Keel, Hinojosa (Senate Sponsor - Duncan) H.B. No. 842
1-2 (In the Senate - Received from the House April 9, 2001;
1-3 April 9, 2001, read first time and referred to Committee on
1-4 Jurisprudence; May 11, 2001, reported favorably by the following
1-5 vote: Yeas 4, Nays 0; May 11, 2001, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the authority of less than the whole number of a jury
1-9 to render a verdict in a felony case when a juror dies or becomes
1-10 disabled.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Article 36.29, Code of Criminal Procedure, is
1-13 amended by amending the heading to read as follows:
1-14 Art. 36.29. IF A JUROR DIES OR BECOMES DISABLED [ILL].
1-15 SECTION 2. Article 36.29(a), Code of Criminal Procedure, is
1-16 amended to read as follows:
1-17 (a) Not less than twelve jurors can render and return a
1-18 verdict in a felony case. It must be concurred in by each juror
1-19 and signed by the foreman. Except as provided in Subsection (b)
1-20 [of this section], however, after [when pending] the trial of any
1-21 felony case begins and a[, one] juror dies [may die] or, as
1-22 determined by the judge, becomes [be] disabled from sitting at any
1-23 time before the charge of the court is read to the jury, the
1-24 remainder of the jury shall have the power to render the verdict;
1-25 but when the verdict shall be rendered by less than the whole
1-26 number, it shall be signed by every member of the jury concurring
1-27 in it.
1-28 SECTION 3. This Act takes effect September 1, 2001.
1-29 * * * * *