88R3313 CJD-F
By: Smith H.B. No. 469
A BILL TO BE ENTITLED
AN ACT
relating to the sequestration of a jury in a criminal case.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 35.23, Code of Criminal Procedure, is
amended to read as follows:
Art. 35.23. JURORS MAY SEPARATE. (a) The court may adjourn
veniremen to any day of the term. When jurors have been sworn in a
felony case, the court may, at its discretion, permit the jurors to
separate until the court has given its charge to the jury.
(b) The court on its own motion may [and on the motion of
either party shall], after having given its charge to the jury,
order that the jury not be allowed to separate, after which the jury
shall be kept together [, and not permitted to separate except to
the extent of housing female jurors separate and apart from male
jurors,] until a verdict has been rendered or the jury finally
discharged.
(c) The court, on the motion of either party requesting that
the jury not be allowed to separate after the court has given its
charge to the jury, shall hold a hearing to determine whether good
cause exists to order that the jury not be allowed to separate. On a
finding of good cause, the court shall enter an order described by
Subsection (b). A motion by a party requesting that the jury not be
allowed to separate must be filed not less than 10 days before the
date jury selection begins unless the requesting party shows good
cause exists for filing the motion after that period.
(d) Any person who makes known to the jury which party made
the motion not to allow separation of the jury shall be punished for
contempt of court.
(e) If [such] jurors ordered not to separate are kept
overnight, facilities shall be provided for female jurors separate
and apart from the facilities provided for male jurors.
(f) In misdemeanor cases the court may, at its discretion,
permit the jurors to separate at any time before the verdict.
(g) In any case in which the jury is permitted to separate,
the court shall first give the jurors proper instructions with
regard to their conduct as jurors when so separated.
SECTION 2. The change in law made by this Act applies only
to a criminal proceeding that commences on or after the effective
date of this Act. A criminal proceeding that commences before the
effective date of this Act is governed by the law in effect on the
date the proceeding commenced, and the former law is continued in
effect for that purpose.
SECTION 3. This Act takes effect September 1, 2023.