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A BILL TO BE ENTITLED
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AN ACT
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relating to the sequestration of a jury 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 35.23, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 35.23. JURORS MAY SEPARATE. (a) The court may adjourn |
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veniremen to any day of the term. When jurors have been sworn in a |
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felony case, the court may, at its discretion, permit the jurors to |
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separate until the court has given its charge to the jury. |
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(b) The court on its own motion may [and on the motion of |
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either party shall], after having given its charge to the jury, |
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order that the jury not be allowed to separate, after which the jury |
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shall be kept together [, and not permitted to separate except to |
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the extent of housing female jurors separate and apart from male |
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jurors,] until a verdict has been rendered or the jury finally |
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discharged. |
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(c) The court, on the motion of either party requesting that |
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the jury not be allowed to separate after the court has given its |
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charge to the jury, shall hold a hearing to determine whether good |
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cause exists to order that the jury not be allowed to separate. On a |
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finding of good cause, the court shall enter an order described by |
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Subsection (b). A motion by a party requesting that the jury not be |
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allowed to separate must be filed not less than 10 days before the |
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date jury selection begins unless the requesting party shows good |
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cause exists for filing the motion after that period. |
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(d) Any person who makes known to the jury which party made |
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the motion not to allow separation of the jury shall be punished for |
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contempt of court. |
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(e) If [such] jurors ordered not to separate are kept |
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overnight, facilities shall be provided for female jurors separate |
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and apart from the facilities provided for male jurors. |
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(f) In misdemeanor cases the court may, at its discretion, |
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permit the jurors to separate at any time before the verdict. |
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(g) In any case in which the jury is permitted to separate, |
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the court shall first give the jurors proper instructions with |
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regard to their conduct as jurors when so separated. |
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SECTION 2. The change in law made by this Act applies only |
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to a criminal proceeding that commences on or after the effective |
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date of this Act. A criminal proceeding that commences before the |
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effective date of this Act is governed by the law in effect on the |
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date the proceeding commenced, and the former law is continued in |
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effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2023. |