Relating to procedures and grounds clarification for alternate jurors.

The text as introduced · 312 words

90R4697 AMF-D

By: Moody
H.B. No. 628

A BILL TO BE ENTITLED

AN ACT

relating to procedures and grounds clarification for alternate

jurors.

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

SECTION 1. Section 62.020(d), Government Code, is amended

to read as follows:

(d) In the order in which they are called, alternate jurors

shall replace jurors who[ , prior to the time the jury retires to

consider its verdict, ] become or are found to be unable or

disqualified to perform their duties. An alternate juror who does

not replace a regular juror may [ shall ] be discharged after the jury

retires to consider its verdict. If a judge elects not to discharge

an alternate juror after the jury retires to consider its verdict,

the alternate juror:

(1) shall observe the jury's deliberations through

videoconference or other reasonable means; and

(2) may not participate in the deliberations unless

and until the alternate juror replaces a juror who becomes or is

found unable or disqualified to perform the juror's duties.

SECTION 2. Subchapter A, Chapter 62, Government Code, is

amended by adding Section 62.0205 to read as follows:

Sec. 62.0205. PROHIBITED JUROR DISQUALIFICATION AND

REMOVAL. The judge of a court may not find that a juror impaneled in

a jury before the court is unable or disqualified to perform the

juror's duties based on the juror's refusal to render a verdict

consistent with the verdict rendered by the other impaneled jurors.

SECTION 3. The change in law made by this Act applies only

to a trial commenced on or after the effective date of this Act. A

trial commenced before the effective date of this Act is covered by

the law in effect when the trial was commenced, and the former law

is continued in effect for that purpose.

SECTION 4. This Act takes effect September 1, 2027.