HB2726 - Relating to an argument before the jury after a subsequent jury charge in a criminal case.

  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.