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.