| 1 | 1 | | 88R3313 CJD-F |
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| 2 | 2 | | By: Smith H.B. No. 469 |
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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 sequestration of a jury in a criminal case. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Article 35.23, Code of Criminal Procedure, is |
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| 10 | 10 | | amended to read as follows: |
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| 11 | 11 | | Art. 35.23. JURORS MAY SEPARATE. (a) The court may adjourn |
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| 12 | 12 | | veniremen to any day of the term. When jurors have been sworn in a |
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| 13 | 13 | | felony case, the court may, at its discretion, permit the jurors to |
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| 14 | 14 | | separate until the court has given its charge to the jury. |
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| 15 | 15 | | (b) The court on its own motion may [and on the motion of |
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| 16 | 16 | | either party shall], after having given its charge to the jury, |
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| 17 | 17 | | order that the jury not be allowed to separate, after which the jury |
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| 18 | 18 | | shall be kept together [, and not permitted to separate except to |
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| 19 | 19 | | the extent of housing female jurors separate and apart from male |
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| 20 | 20 | | jurors,] until a verdict has been rendered or the jury finally |
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| 21 | 21 | | discharged. |
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| 22 | 22 | | (c) The court, on the motion of either party requesting that |
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| 23 | 23 | | the jury not be allowed to separate after the court has given its |
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| 24 | 24 | | charge to the jury, shall hold a hearing to determine whether good |
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| 25 | 25 | | cause exists to order that the jury not be allowed to separate. On a |
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| 26 | 26 | | finding of good cause, the court shall enter an order described by |
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| 27 | 27 | | Subsection (b). A motion by a party requesting that the jury not be |
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| 28 | 28 | | allowed to separate must be filed not less than 10 days before the |
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| 29 | 29 | | date jury selection begins unless the requesting party shows good |
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| 30 | 30 | | cause exists for filing the motion after that period. |
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| 31 | 31 | | (d) Any person who makes known to the jury which party made |
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| 32 | 32 | | the motion not to allow separation of the jury shall be punished for |
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| 33 | 33 | | contempt of court. |
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| 34 | 34 | | (e) If [such] jurors ordered not to separate are kept |
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| 35 | 35 | | overnight, facilities shall be provided for female jurors separate |
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| 36 | 36 | | and apart from the facilities provided for male jurors. |
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| 37 | 37 | | (f) In misdemeanor cases the court may, at its discretion, |
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| 38 | 38 | | permit the jurors to separate at any time before the verdict. |
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| 39 | 39 | | (g) In any case in which the jury is permitted to separate, |
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| 40 | 40 | | the court shall first give the jurors proper instructions with |
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| 41 | 41 | | regard to their conduct as jurors when so separated. |
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| 42 | 42 | | SECTION 2. The change in law made by this Act applies only |
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| 43 | 43 | | to a criminal proceeding that commences on or after the effective |
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| 44 | 44 | | date of this Act. A criminal proceeding that commences before the |
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| 45 | 45 | | effective date of this Act is governed by the law in effect on the |
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| 46 | 46 | | date the proceeding commenced, and the former law is continued in |
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| 47 | 47 | | effect for that purpose. |
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| 48 | 48 | | SECTION 3. This Act takes effect September 1, 2023. |
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