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A BILL TO BE ENTITLED
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AN ACT
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relating to the election of jury trial in the punishment phase of a |
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criminal proceeding. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2(b), Article 37.07, Code of Criminal |
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Procedure, is amended to read as follows: |
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(b) Except as provided in Article 37.071, if a finding of |
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guilty is returned, it shall then be the responsibility of the judge |
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to assess the punishment applicable to the offense; provided, |
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however, that (1) in any criminal action where the jury may |
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recommend community supervision and the defendant filed the |
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defendant's [his] sworn motion for community supervision before the |
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trial began, and (2) in other cases where the defendant or the state |
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so elects in writing before the commencement of the voir dire |
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examination of the jury panel, the punishment shall be assessed by |
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the same jury, except as provided in Section 3(c) of this article |
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and in Article 44.29. If a finding of guilty is returned, the |
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defendant or the state may, with the consent of the opposing party |
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[attorney for the state], change the [his] election made concerning |
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[of one] who assesses the punishment. |
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SECTION 2. Article 44.29(b), Code of Criminal Procedure, is |
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amended to read as follows: |
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(b) If the court of appeals or the Court of Criminal Appeals |
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awards a new trial to a defendant other than a defendant convicted |
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of an offense under Section 19.03, Penal Code, only on the basis of |
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an error or errors made in the punishment stage of the trial, the |
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cause shall stand as it would have stood in case the new trial had |
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been granted by the court below, except that the court shall |
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commence the new trial as if a finding of guilt had been returned |
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and proceed to the punishment stage of the trial under Subsection |
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(b), Section 2, Article 37.07, of this code. If the defendant or |
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the state elects, the court shall empanel a jury for the sentencing |
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stage of the trial in the same manner as a jury is empaneled by the |
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court for other trials before the court. At the new trial, the |
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court shall allow both the state and the defendant to introduce |
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evidence to show the circumstances of the offense and other |
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evidence as permitted by Section 3 of Article 37.07 of this code. |
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SECTION 3. The change in law made by this Act applies only |
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to a trial for an offense committed on or after the effective date |
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of this Act. A trial for an offense committed before the effective |
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date of this Act is governed by the law in effect at the time the |
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offense was committed, and the former law is continued in effect for |
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that purpose. For the purposes of this section, an offense was |
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committed before the effective date of this Act if any element of |
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the offense occurred before that date. |
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SECTION 4. This Act takes effect September 1, 2007. |