Bill Text: TX HB5028 | 2023-2024 | 88th Legislature | Introduced


Bill Title: Relating to an argument before the jury after a subsequent jury charge in a criminal case.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2023-03-23 - Referred to Criminal Jurisprudence [HB5028 Detail]

Download: Texas-2023-HB5028-Introduced.html
  88R4355 CJD-D
 
  By: Moody H.B. No. 5028
 
 
 
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, 2023.
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