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.