H.B. No. 3265




AN ACT

relating to the declaration of a mistrial in the punishment phase of 
a criminal proceeding.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.   Sections 2(a) and (b), Article 37.07, Code of 
Criminal Procedure, are amended to read as follows:
	(a)  In all criminal cases, other than misdemeanor cases of 
which the justice court or municipal court has jurisdiction, which 
are tried before a jury on a plea of not guilty, the judge shall, 
before argument begins, first submit to the jury the issue of guilt 
or innocence of the defendant of the offense or offenses charged, 
without authorizing the jury to pass upon the punishment to be 
imposed.  If the jury fails to agree on the issue of guilt or 
innocence, the judge shall declare a mistrial and discharge the 
jury, and jeopardy does not attach in the case.
	(b)  Except as provided in Article 37.071, if a finding of 
guilty is returned, it shall then be the responsibility of the judge 
to assess the punishment applicable to the offense;  provided, 
however, that (1) in any criminal action where the jury may 
recommend community supervision [probation] and the defendant 
filed his sworn motion for community supervision [probation] before 
the trial began, and (2) in other cases where the defendant so 
elects in writing before the commencement of the voir dire 
examination of the jury panel, the punishment shall be assessed by 
the same jury, except as provided in Section 3(c) of this article 
and in Article 44.29.  If a finding of guilty is returned, the 
defendant may, with the consent of the attorney for the state, 
change his election of one who assesses the punishment.
	SECTION 2.   Section 3(c), Article 37.07, Code of Criminal 
Procedure, is amended to read as follows:
	(c)  If the jury finds the defendant guilty and [In cases 
where] the matter of punishment is referred to the jury, the verdict 
shall not be complete until a [the] jury [has rendered a] verdict 
has been rendered on both [on] the guilt or innocence of the 
defendant and the amount of punishment[, where the jury finds the 
defendant guilty].  In the event the jury shall fail to agree on the 
issue of punishment, a mistrial shall be declared only in the 
punishment phase of the trial, the jury shall be discharged, and no 
jeopardy shall attach.  The court shall impanel another jury as soon 
as practicable to determine the issue of punishment.
	SECTION 3.   (a)  The change in law made by this Act applies 
only to a trial in which the jury renders a guilty verdict on or 
after the effective date of this Act.
	(b)  A trial in which the jury renders a guilty verdict 
before the effective date of this Act is covered by the law in 
effect when the guilty verdict was rendered, and the former law is 
continued in effect for that purpose.
	SECTION 4.   This Act takes effect September 1, 2005.                          




______________________________              ______________________________
 
   President of the Senate                               Speaker of the House      

	I certify that H.B. No. 3265 was passed by the House on April 
22, 2005, by a non-record vote.

                                                  ______________________________
                                                     Chief Clerk of the House   

	I certify that H.B. No. 3265 was passed by the Senate on May 
20, 2005, by the following vote:  Yeas 31, Nays 0.

                                                  ______________________________
                                                     Secretary of the Senate    



APPROVED:  _____________________                                            
 
                   Date                                                      




 
          _____________________                                          
 
                 Governor