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A BILL TO BE ENTITLED
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AN ACT
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relating to the discharge of an alternate juror in a criminal case. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 33.011(b), Code of Criminal Procedure, |
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is amended to read as follows: |
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(b) Alternate jurors in the order in which they are called |
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shall replace jurors who, prior to the time the jury renders a |
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verdict on the guilt or innocence of the defendant and, if |
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applicable, the amount of punishment [retires to consider its
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verdict], become or are found to be unable or disqualified to |
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perform their duties. Alternate jurors shall be drawn and selected |
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in the same manner, shall have the same qualifications, shall be |
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subject to the same examination and challenges, shall take the same |
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oath, and shall have the same functions, powers, facilities, |
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security, and privileges as regular jurors. An alternate juror who |
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does not replace a regular juror shall be discharged after the jury |
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has rendered a verdict on the guilt or innocence of the defendant |
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and, if applicable, the amount of punishment [the jury retires to
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consider its verdict]. |
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SECTION 2. Article 36.29(d), Code of Criminal Procedure, is |
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amended to read as follows: |
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(d) After the jury has rendered a verdict on the guilt or |
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innocence of the defendant and, if applicable, the amount of |
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punishment [the charge of the court is read to the jury], the court |
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shall discharge an alternate juror who has not replaced a juror. |
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SECTION 3. The change in law made by this Act applies only |
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to a trial commenced on or after the effective date of this Act. A |
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trial commenced before the effective date of this Act is covered by |
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the law in effect when the trial was commenced, and the former law |
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is continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2007. |