bill on jury arguments after a late instruction

The text as introduced · 431 words

89R6112 CJD-D

By: Bhojani
H.B. No. 2726

A BILL TO BE ENTITLED

AN ACT

relating to an argument before the jury after a subsequent jury

charge in a criminal case.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Article 36.16, Code of Criminal Procedure, is

amended to read as follows:

Art. 36.16. FINAL CHARGE. (a) After the judge shall have

received the objections to the judge's [ his ] main charge, together

with any special charges offered, the judge [ he ] may make those

[ such ] changes in the [ his ] main charge as the judge [ he ] may deem

proper, and the defendant or the defendant's [ his ] counsel shall

have the opportunity to present [ their ] objections to the main

charge [ thereto and ] in the same manner as [ is ] provided in Article

36.15 . The [ , and thereupon the ] judge shall read the [ his ] charge

to the jury as finally written, together with any special charges

given, and no further exception or objection shall be required of

the defendant [ in order ] to preserve any objections or exceptions

previously [ theretofore ] made.

(b) After the argument begins no further charge shall be

given to the jury unless required by the improper argument of

counsel or the request of the jury, or unless the judge shall, in

the judge's [ his ] discretion, permit the introduction of other

testimony, and in the event of a [ such ] further charge, the

defendant or the defendant's [ his ] counsel shall have the right to

present objections in the same manner as is prescribed in Article

36.15. The failure of the court to give the defendant or the

defendant's [ his ] counsel a reasonable time to examine the charge

and specify the ground of objection shall be subject to review

either in the trial court or in the appellate court.

(c) The court shall permit each party to present an argument

to the jury if the court delivers a further charge to the jury under

Subsection (b).

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, 2025.