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By: Hughes (Senate Sponsor - Hegar) |
H.B. No. 1321 |
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(In the Senate - Received from the House May 1, 2009; |
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May 6, 2009, read first time and referred to Committee on Criminal |
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Justice; May 22, 2009, reported favorably by the following vote: |
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Yeas 6, Nays 0; May 22, 2009, sent to printer.) |
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A BILL TO BE ENTITLED
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AN ACT
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relating to the discharge of a jury under certain circumstances in a |
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criminal case. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 36.29(c), Code of Criminal Procedure, is |
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amended to read as follows: |
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(c) After the charge of the court is read to the jury, if a |
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juror [any one of them] becomes so sick as to prevent the |
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continuance of the juror's [his] duty and an alternate juror is not |
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available, or if any accident of circumstance occurs to prevent the |
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jury from [their] being kept together under circumstances under |
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which the law or the instructions of the court requires that the |
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jury [they] be kept together, the jury shall be discharged, except |
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that on agreement on the record by the defendant, the defendant's |
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counsel, and the attorney representing the state 11 members of a |
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jury may render a verdict and, if punishment is to be assessed by |
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the jury, assess punishment. If a verdict is rendered by less than |
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the whole number of the jury, each member of the jury shall sign the |
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verdict. |
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SECTION 2. The change in law made by this Act applies only |
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to a trial that commences on or after the effective date of this |
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Act. A trial that commenced before the effective date of this Act |
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is covered by the law in effect on the date the trial commenced, and |
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the former law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2009. |
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