HB 2726
AN ACT relating to an argument before the jury after a subsequent jury
89th Regular Session
Jan 14, 2025 - Jun 2, 2025 • Session ended
Awaiting Committee Assignment
Bill filed, pending referral to House committee
Committee
Not yet assigned
Fiscal Note
Not available
What This Bill Does
Modifies procedures for jury instructions and arguments in criminal trials, specifically addressing what happens when a judge provides a supplemental jury charge during trial. It ensures that if a further charge is given after arguments begin, each party has the right to present an argument to the jury about that new charge. The bill also preserves defendants' rights to object to jury instructions and provides a mechanism for reviewing potential procedural errors related to jury charges.
Subject Areas
Bill Text
relating to an argument before the jury after a subsequent jury BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Article 36.16, Code of Criminal Procedure, is 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 (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 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 SECTION 3. This Act takes effect September 1, 2025.
Bill History
Bill filed: AN ACT relating to an argument before the jury after a subsequent jury
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