|
|
|
|
By: Hughes (Senate Sponsor - Wentworth) |
H.B. No. 1086 |
|
(In the Senate - Received from the House May 1, 2007; |
|
May 2, 2007, read first time and referred to Committee on |
|
Jurisprudence; May 15, 2007, reported adversely, with favorable |
|
Committee Substitute by the following vote: Yeas 4, Nays 0; |
|
May 15, 2007, sent to printer.) |
|
|
COMMITTEE SUBSTITUTE FOR H.B. No. 1086 |
By: Wentworth |
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
|
relating to jurors and alternate jurors in a criminal case. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Article 33.011(b), Code of Criminal Procedure, |
|
is amended to read as follows: |
|
(b) Alternate jurors in the order in which they are called |
|
shall replace jurors who, prior to the time the jury renders a |
|
verdict on the guilt or innocence of the defendant and, if |
|
applicable, the amount of punishment [retires to consider its
|
|
verdict], become or are found to be unable or disqualified to |
|
perform their duties or are found by the court on agreement of the |
|
parties to have good cause for not performing their duties. |
|
Alternate jurors shall be drawn and selected in the same manner, |
|
shall have the same qualifications, shall be subject to the same |
|
examination and challenges, shall take the same oath, and shall |
|
have the same functions, powers, facilities, security, and |
|
privileges as regular jurors. An alternate juror who does not |
|
replace a regular juror shall be discharged after the jury has |
|
rendered a verdict on the guilt or innocence of the defendant and, |
|
if applicable, the amount of punishment [the jury retires to
|
|
consider its verdict]. |
|
SECTION 2. Article 36.29(d), Code of Criminal Procedure, is |
|
amended to read as follows: |
|
(d) After the jury has rendered a verdict on the guilt or |
|
innocence of the defendant and, if applicable, the amount of |
|
punishment [the charge of the court is read to the jury], the court |
|
shall discharge an alternate juror who has not replaced a juror. |
|
SECTION 3. The change in law made by this Act applies only |
|
to a trial commenced on or after the effective date of this Act. A |
|
trial commenced before the effective date of this Act is covered by |
|
the law in effect when the trial was commenced, and the former law |
|
is continued in effect for that purpose. |
|
SECTION 4. This Act takes effect September 1, 2007. |
|
|
|
* * * * * |