HB3206 - Relating to the sequestration of a jury in a criminal case.

  89R11670 JDK-F     By: Hayes H.B. No. 3206       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, 2025.