By Tillery H.B. No. 2063 Line and page numbers may not match official copy. Bill not drafted by TLC or Senate E&E. A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to jury charges in felony and misdemeanor trials. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Article 37.07, Code of Criminal Procedure, is 1-5 amended by adding Section 5 as follows: 1-6 Sec. 1. Sec. 5 (a) In all misdemeanor and felony trials, the 1-7 court shall charge the jury in writing as follows: 1-8 "All persons are presumed to be innocent and no person may be 1-9 convicted of an offense unless each element of the offense is 1-10 proved beyond a reasonable doubt. The fact that a person has been 1-11 arrested, confined, or indicted for, or otherwise charged with, the 1-12 offense gives rise to no inference of guilt at his trial. The law 1-13 does not require a defendant to prove his innocence or produce any 1-14 evidence at all. The presumption of innocence alone is sufficient 1-15 to acquit the defendant, unless the jurors are satisfied beyond a 1-16 reasonable doubt of the defendant's guilt after careful and 1-17 impartial consideration of all evidence in the case. 1-18 "The prosecution has the burden of proving the defendant 1-19 guilty and it must do so by proving each and every element of the 1-20 offense charged beyond a reasonable doubt and if it fails to do so, 1-21 you must acquit the defendant. 1-22 "It is not required that the prosecution prove guilt beyond 2-1 all possible doubt; it is required that the prosecution's proof 2-2 excludes all 'reasonable doubt' concerning the defendant's guilt. 2-3 "A 'reasonable doubt' is a doubt based on reason and common 2-4 sense after a careful and impartial consideration of all the 2-5 evidence in the case. It is the kind of doubt that would make a 2-6 reasonable person hesitate to act in the most important of his own 2-7 affairs. 2-8 "Proof beyond a reasonable doubt, therefore, must be proof of 2-9 such convincing character that you would be willing to rely and act 2-10 upon it without hesitation in the most important of your own 2-11 affairs. 2-12 "In the event you have a reasonable doubt as to the 2-13 defendant's guilt after considering all the evidence before you, 2-14 and these instructions, you will acquit him and say by your verdict 2-15 "Not guilty." 2-16 (b) In all misdemeanor and felony trials, where the State 2-17 relies on circumstantial evidence, the court shall charge the jury 2-18 in writing as follows: 2-19 "You are instructed that is this case the State relies on 2-20 circumstantial evidence for adjudication or conviction. 2-21 "In order to warrant a conviction of a crime on 2-22 circumstantial evidence, each fact necessary to the conclusion 2-23 sought to be established must be proved by competent evidence, 2-24 beyond a reasonable doubt; all the facts necessary to a conclusion 2-25 of guilt must be consistent with each other and, taken together, 2-26 must be of a conclusive nature, leading on the whole to a 3-1 satisfactory conclusion and producing, in effect, a reasonable and 3-2 moral certainty that the accused, and no other person, committed 3-3 the offense charged. 3-4 "But in such cases it is not sufficient that the 3-5 circumstances coincide with, account for, and therefore render 3-6 probable the guilt of the Defendant. They must exclude, to a moral 3-7 certainty, every other reasonable hypothesis except the Defendant's 3-8 guilt; and unless they do so, beyond a reasonable doubt, you will 3-9 find the defendant not guilty." 3-10 SECTION 2. This Act takes effect September 1, 2001.