| 1 | 1 | | 88R4355 CJD-D |
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| 2 | 2 | | By: Moody H.B. No. 5028 |
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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 an argument before the jury after a subsequent jury |
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| 8 | 8 | | charge in a criminal case. |
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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 36.16, Code of Criminal Procedure, is |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | Art. 36.16. FINAL CHARGE. (a) After the judge shall have |
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| 13 | 13 | | received the objections to the judge's [his] main charge, together |
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| 14 | 14 | | with any special charges offered, the judge [he] may make those |
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| 15 | 15 | | [such] changes in the [his] main charge as the judge [he] may deem |
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| 16 | 16 | | proper, and the defendant or the defendant's [his] counsel shall |
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| 17 | 17 | | have the opportunity to present [their] objections to the main |
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| 18 | 18 | | charge [thereto and] in the same manner as [is] provided in Article |
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| 19 | 19 | | 36.15. The [, and thereupon the] judge shall read the [his] charge |
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| 20 | 20 | | to the jury as finally written, together with any special charges |
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| 21 | 21 | | given, and no further exception or objection shall be required of |
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| 22 | 22 | | the defendant [in order] to preserve any objections or exceptions |
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| 23 | 23 | | previously [theretofore] made. |
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| 24 | 24 | | (b) After the argument begins no further charge shall be |
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| 25 | 25 | | given to the jury unless required by the improper argument of |
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| 26 | 26 | | counsel or the request of the jury, or unless the judge shall, in |
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| 27 | 27 | | the judge's [his] discretion, permit the introduction of other |
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| 28 | 28 | | testimony, and in the event of a [such] further charge, the |
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| 29 | 29 | | defendant or the defendant's [his] counsel shall have the right to |
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| 30 | 30 | | present objections in the same manner as is prescribed in Article |
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| 31 | 31 | | 36.15. The failure of the court to give the defendant or the |
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| 32 | 32 | | defendant's [his] counsel a reasonable time to examine the charge |
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| 33 | 33 | | and specify the ground of objection shall be subject to review |
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| 34 | 34 | | either in the trial court or in the appellate court. |
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| 35 | 35 | | (c) The court shall permit each party to present an argument |
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| 36 | 36 | | to the jury if the court delivers a further charge to the jury under |
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| 37 | 37 | | Subsection (b). |
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| 38 | 38 | | SECTION 2. The change in law made by this Act applies only |
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| 39 | 39 | | to a criminal proceeding that commences on or after the effective |
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| 40 | 40 | | date of this Act. A criminal proceeding that commences before the |
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| 41 | 41 | | effective date of this Act is governed by the law in effect on the |
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| 42 | 42 | | date the proceeding commenced, and the former law is continued in |
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| 43 | 43 | | effect for that purpose. |
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| 44 | 44 | | SECTION 3. This Act takes effect September 1, 2023. |
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