| 1 | 1 | | 84R6575 JRH-D |
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| 2 | 2 | | By: Hughes H.B. No. 1108 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the determination of whether jurors in a criminal case |
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| 8 | 8 | | have good cause for not performing their duties. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Article 33.011(b), Code of Criminal Procedure, |
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| 11 | 11 | | is amended to read as follows: |
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| 12 | 12 | | (b) Alternate jurors in the order in which they are called |
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| 13 | 13 | | shall replace jurors who, before [prior to] the time the jury |
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| 14 | 14 | | renders a verdict on the guilt or innocence of the defendant and, if |
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| 15 | 15 | | applicable, the amount of punishment, become or are found to be |
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| 16 | 16 | | unable or disqualified to perform their duties or are determined |
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| 17 | 17 | | [found by the court on agreement of the parties] to have good cause |
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| 18 | 18 | | for not performing their duties either through a finding by the |
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| 19 | 19 | | court or through an agreement of the parties that is approved by the |
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| 20 | 20 | | court. Alternate jurors shall be drawn and selected in the same |
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| 21 | 21 | | manner, shall have the same qualifications, shall be subject to the |
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| 22 | 22 | | same examination and challenges, shall take the same oath, and |
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| 23 | 23 | | shall have the same functions, powers, facilities, security, and |
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| 24 | 24 | | privileges as regular jurors. An alternate juror who does not |
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| 25 | 25 | | replace a regular juror shall be discharged after the jury has |
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| 26 | 26 | | rendered a verdict on the guilt or innocence of the defendant and, |
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| 27 | 27 | | if applicable, the amount of punishment. |
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| 28 | 28 | | SECTION 2. The change in law made by this Act applies only |
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| 29 | 29 | | to a trial commenced on or after the effective date of this Act. A |
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| 30 | 30 | | trial commenced before the effective date of this Act is covered by |
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| 31 | 31 | | the law in effect when the trial was commenced, and the former law |
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| 32 | 32 | | is continued in effect for that purpose. |
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| 33 | 33 | | SECTION 3. This Act takes effect September 1, 2015. |
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