Texas House Bill HB1321

Texas 2009 - 81st Regular

• Out of House Committee: 4/22/09
• Voted on by House: 4/30/09
• Out of Senate Committee: 5/22/09
• Voted on by Senate: 5/27/09
• Governor Action: 6/19/09
• Enrolled: 5/29/09
• Passed: 6/19/09

Caption

Relating to the discharge of a jury under certain circumstances in a criminal case.

Impact

The enactment of HB1321 alters procedural requirements in the context of jury management during trials. With this bill, Texas law now provides clearer guidelines on how juries should be managed when unexpected illnesses or conditions arise. This change is expected to streamline court procedures and ensure that cases can continue progressing even when jurors face unforeseen challenges, thereby maintaining the efficiency of the judicial process.

Summary

House Bill 1321 addresses the discharge of a jury under specific circumstances in criminal cases. The bill amends Article 36.29(c) of the Code of Criminal Procedure, allowing for the discharge of a jury if a juror falls ill, and no alternate juror is available, or if circumstances arise that prevent the jury from being kept together as required by law. Notably, the bill stipulates that a verdict can still be rendered with the remaining jurors if agreed upon on record by both parties and the attorney representing the state, despite not having the full jury present.

Contention

While the bill primarily appears to be a pragmatic response to circumstances that might disrupt a trial, it does raise questions regarding the rights of defendants. Critics may argue that a reduced jury could impact the fairness and integrity of verdicts reached. The provision allowing a jury to come to a verdict without full attendance may face scrutiny concerning its implications for legal standards in jury trials, which are designed to uphold justice through collective agreement and the deliberative process of a complete jury.