Hagenbuch Bill Ends Automatic Jury Sequestration On Request

The text as introduced · 462 words

90R4640 JDK-F

By: Hagenbuch
S.B. No. 161

A BILL TO BE ENTITLED

AN ACT

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 [ and on the motion of

either party shall ], after having given its charge to the jury,

order that the jury not be allowed to separate, after which the jury

shall be kept together [ , and not permitted to separate except to

the extent of housing female jurors separate and apart from male

jurors, ] until a verdict has been rendered or the jury finally

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 [ such ] jurors ordered not to separate are kept

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, 2027.