Texas Code of Criminal Procedure - Article 35.15. Number Of Challenges

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Art. 35.15. [615, 634, 635] [691, 709, 710] [672, 689, 690] 
NUMBER OF CHALLENGES.  (a) In capital cases in which the State 
seeks the death penalty both the State and defendant shall be 
entitled to fifteen peremptory challenges.  Where two or more 
defendants are tried together, the State shall be entitled to eight 
peremptory challenges for each defendant;  and each defendant shall 
be entitled to eight peremptory challenges.
	(b)  In non-capital felony cases and in capital cases in 
which the State does not seek the death penalty, the State and 
defendant shall each be entitled to ten peremptory challenges.  If 
two or more defendants are tried together each defendant shall be 
entitled to six peremptory challenges and the State to six for each 
defendant.
	(c)  The State and the defendant shall each be entitled to 
five peremptory challenges in a misdemeanor tried in the district 
court and to three in the county court, or county court at law.  If 
two or more defendants are tried together, each defendant shall be 
entitled to three such challenges and the State to three for each 
defendant in either court.
	(d)  The State and the defendant shall each be entitled to 
one peremptory challenge in addition to those otherwise allowed by 
law if one or two alternate jurors are to be impaneled and two 
peremptory challenges if three or four alternate jurors are to be 
impaneled.  The additional peremptory challenges provided by this 
subsection may be used against an alternate juror only, and the 
other peremptory challenges allowed by law may not be used against 
an alternate juror.

Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.  
Amended by Acts 1973, 63rd Leg., p. 1127, ch. 426, art. 3, Sec. 4, 
eff. June 14, 1973;  Acts 1983, 68th Leg., p. 4594, ch. 775, Sec. 3, 
eff. Aug. 29, 1983.

Subsecs. (a), (b) amended by Acts 1991, 72nd Leg., ch. 652, Sec. 5, 
eff. Sept. 1, 1991.

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Last modified: August 10, 2007