By Duncan                                              S.B. No. 204
         77R2653 ATP-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the separation of sequestered jurors in a criminal case
 1-3     under certain circumstances.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Article 35.23, Code of Criminal Procedure, is
 1-6     amended to read as follows:
 1-7           Art. 35.23.  JURORS MAY SEPARATE.  The court may adjourn
 1-8     veniremen to any day of the term.  When jurors have been sworn in a
 1-9     felony case, the court may, at its discretion, permit the jurors to
1-10     separate until the court has given its charge to the jury.  The
1-11     court on its own motion may and on the motion of either party
1-12     shall, after having given its charge to the jury, order that the
1-13     jury not be allowed to separate, after which the jury shall be kept
1-14     together, and not permitted to separate except to the extent of
1-15     housing female jurors separate and apart from male jurors or
1-16     permitting jurors to separate for meals or other proper purposes,
1-17     until a verdict has been rendered or the jury finally discharged.
1-18     Any person who makes known to the jury which party made the motion
1-19     not to allow separation of the jury shall be punished for contempt
1-20     of court.  If such jurors are kept overnight, facilities shall be
1-21     provided for female jurors separate and apart from the facilities
1-22     provided for male jurors.  In misdemeanor cases the court may, at
1-23     its discretion, permit the jurors to separate at any time before
1-24     the verdict.  In any case in which the jury is permitted to
 2-1     separate, the court shall first give the jurors proper instructions
 2-2     with regard to their conduct as jurors when so separated.
 2-3           SECTION 2.  This Act takes effect September 1, 2001, and
 2-4     applies to all criminal proceedings occurring on or after that
 2-5     date.