BILL ANALYSIS H.B. 1321 By: Hughes Criminal Jurisprudence Committee Report (Unamended) BACKGROUND AND PURPOSE Prior to the 80th Legislature, Regular Session, 2007, Texas law required an alternate juror to be discharged when a jury retired to the jury room to consider a verdict. However, problems arose when a juror was excused from deliberation, no alternate juror was available because the alternate jurors had already been discharged, and the court was left with no option but to declare a mistrial. H.B. 1086 enacted by the 80th Legislature, Regular Session, 2007, amended the Code of Criminal Procedure to delay the discharge of alternate jurors until after the jury had reached a verdict. Some provisions relating to jury discharge were left unamended, however, creating an inconsistency within the code. H.B. 1321 requires a jury to be discharged if, after the charge is read, no alternate juror is available to replace a juror who is prevented from serving due to illness or accident. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS H.B. 1321 amends the Code of Criminal Procedure to require a jury to be discharged if, after the charge is read, no alternate juror is available to replace a juror who is prevented from serving due to illness or accident. EFFECTIVE DATE September 1, 2009.
BILL ANALYSIS
# BILL ANALYSIS
H.B. 1321
By: Hughes
Criminal Jurisprudence
Committee Report (Unamended)
H.B. 1321
By: Hughes
Criminal Jurisprudence
Committee Report (Unamended)
BACKGROUND AND PURPOSE Prior to the 80th Legislature, Regular Session, 2007, Texas law required an alternate juror to be discharged when a jury retired to the jury room to consider a verdict. However, problems arose when a juror was excused from deliberation, no alternate juror was available because the alternate jurors had already been discharged, and the court was left with no option but to declare a mistrial. H.B. 1086 enacted by the 80th Legislature, Regular Session, 2007, amended the Code of Criminal Procedure to delay the discharge of alternate jurors until after the jury had reached a verdict. Some provisions relating to jury discharge were left unamended, however, creating an inconsistency within the code. H.B. 1321 requires a jury to be discharged if, after the charge is read, no alternate juror is available to replace a juror who is prevented from serving due to illness or accident.
RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS H.B. 1321 amends the Code of Criminal Procedure to require a jury to be discharged if, after the charge is read, no alternate juror is available to replace a juror who is prevented from serving due to illness or accident.
EFFECTIVE DATE September 1, 2009.
BACKGROUND AND PURPOSE
Prior to the 80th Legislature, Regular Session, 2007, Texas law required an alternate juror to be discharged when a jury retired to the jury room to consider a verdict. However, problems arose when a juror was excused from deliberation, no alternate juror was available because the alternate jurors had already been discharged, and the court was left with no option but to declare a mistrial. H.B. 1086 enacted by the 80th Legislature, Regular Session, 2007, amended the Code of Criminal Procedure to delay the discharge of alternate jurors until after the jury had reached a verdict. Some provisions relating to jury discharge were left unamended, however, creating an inconsistency within the code.
H.B. 1321 requires a jury to be discharged if, after the charge is read, no alternate juror is available to replace a juror who is prevented from serving due to illness or accident.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS
H.B. 1321 amends the Code of Criminal Procedure to require a jury to be discharged if, after the charge is read, no alternate juror is available to replace a juror who is prevented from serving due to illness or accident.
EFFECTIVE DATE
September 1, 2009.