By Uresti                                             H.B. No. 3007
         77R4171 KEL-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the declaration of a mistrial in the punishment phase
 1-3     of a criminal proceeding.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 2(b), Article 37.07, Code of Criminal
 1-6     Procedure, is amended to read as follows:
 1-7           (b)  Except as provided in Article 37.071, if a finding of
 1-8     guilty is returned, it shall then be the responsibility of the
 1-9     judge to assess the punishment applicable to the offense;
1-10     provided, however, that (1) in any criminal action where the jury
1-11     may recommend community supervision [probation] and the defendant
1-12     filed his sworn motion for community supervision [probation] before
1-13     the trial began, and (2) in other cases where the defendant so
1-14     elects in writing before the commencement of the voir dire
1-15     examination of the jury panel, the punishment shall be assessed by
1-16     the same jury, except as provided in Section 3(c) of this article
1-17     and in Article 44.29.  If a finding of guilty is returned, the
1-18     defendant may, with the consent of the attorney for the state,
1-19     change his election of one who assesses the punishment.
1-20           SECTION 2.  Section 3(c), Article 37.07, Code of Criminal
1-21     Procedure, is amended to read as follows:
1-22           (c)  If the jury finds the defendant guilty and [In cases
1-23     where] the matter of punishment is referred to the jury, the
1-24     verdict shall not be complete until a [the] jury [has rendered a]
 2-1     verdict has been rendered on both [on] the guilt or innocence of
 2-2     the defendant and the amount of punishment[, where the jury finds
 2-3     the defendant guilty].  In the event the jury shall fail to agree
 2-4     on the matter of punishment, a mistrial shall be declared only  in
 2-5     the punishment phase of the trial, the jury shall be discharged,
 2-6     and no jeopardy shall attach.  The court shall impanel another jury
 2-7     as soon as practicable to determine the matter of punishment.
 2-8           SECTION 3.  (a)  The change in law made by this Act applies
 2-9     only to a trial in which the jury renders a guilty verdict on or
2-10     after the effective date of this Act.
2-11           (b)  A trial in which the jury renders a guilty verdict
2-12     before the effective date of this Act is covered by the law in
2-13     effect when the guilty verdict was rendered, and the former law is
2-14     continued in effect for that purpose.
2-15           SECTION 4.  This Act takes effect September 1, 2001.