H.B. No. 1321
AN ACT
relating to the discharge of a jury under certain circumstances in a
criminal case.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 36.29(c), Code of Criminal Procedure, is
amended to read as follows:
(c) After the charge of the court is read to the jury, if a
juror [any one of them] becomes so sick as to prevent the
continuance of the juror's [his] duty and an alternate juror is not
available, or if any accident of circumstance occurs to prevent the
jury from [their] being kept together under circumstances under
which the law or the instructions of the court requires that the
jury [they] be kept together, the jury shall be discharged, except
that on agreement on the record by the defendant, the defendant's
counsel, and the attorney representing the state 11 members of a
jury may render a verdict and, if punishment is to be assessed by
the jury, assess punishment. If a verdict is rendered by less than
the whole number of the jury, each member of the jury shall sign the
verdict.
SECTION 2. The change in law made by this Act applies only
to a trial that commences on or after the effective date of this
Act. A trial that commenced before the effective date of this Act
is covered by the law in effect on the date the trial commenced, and
the former law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2009.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1321 was passed by the House on April
30, 2009, by the following vote: Yeas 144, Nays 0, 1 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1321 was passed by the Senate on May
27, 2009, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor