Bill Text: TX HB469 | 2023-2024 | 88th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the sequestration of a jury in a criminal case.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2023-05-05 - Referred to Criminal Justice [HB469 Detail]
Download: Texas-2023-HB469-Comm_Sub.html
Bill Title: Relating to the sequestration of a jury in a criminal case.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2023-05-05 - Referred to Criminal Justice [HB469 Detail]
Download: Texas-2023-HB469-Comm_Sub.html
88R3313 CJD-F | ||
By: Smith | H.B. No. 469 |
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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 [ |
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order that the jury not be allowed to separate, after which the jury | ||
shall be kept together [ |
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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 [ |
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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. |