Texas Code of Criminal Procedure - Article 36.29. If A Juror Dies Or Becomes Disabled
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Texas Lawyer > Code of Criminal Procedure > Texas Code of Criminal Procedure - Article 36.29. If A Juror Dies Or Becomes Disabled
Art. 36.29. IF A JUROR DIES OR BECOMES DISABLED. (a) Not
less than twelve jurors can render and return a verdict in a felony
case. It must be concurred in by each juror and signed by the
foreman. Except as provided in Subsection (b), however, after the
trial of any felony case begins and a juror dies or, as determined
by the judge, becomes disabled from sitting at any time before the
charge of the court is read to the jury, the remainder of the jury
shall have the power to render the verdict; but when the verdict
shall be rendered by less than the whole number, it shall be signed
by every member of the jury concurring in it.
(b) If alternate jurors have been selected in a capital case
in which the state seeks the death penalty and a juror dies or
becomes disabled from sitting at any time before the charge of the
court is read to the jury, the alternate juror whose name was called
first under Article 35.26 of this code shall replace the dead or
disabled juror. Likewise, if another juror dies or becomes
disabled from sitting before the charge of the court is read to the
jury, the other alternate juror shall replace the second juror to
die or become disabled.
(c) After the charge of the court is read to the jury, if any
one of them becomes so sick as to prevent the continuance of his
duty, or any accident of circumstance occurs to prevent their being
kept together under circumstances under which the law or the
instructions of the court requires that they be kept together, the
jury shall be discharged, except that on agreement on the record by
the defendant, the defendant's counsel, and the attorney
representing the state 11 members of a jury may render a verdict
and, if punishment is to be assessed by the jury, assess punishment.
If a verdict is rendered by less than the whole number of the jury,
each member of the jury shall sign the verdict.
(d) After the charge of the court is read to the jury, the
court shall discharge an alternate juror who has not replaced a
juror.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Amended by Acts 1981, 67th Leg., p. 2264, ch. 545, Sec. 2, eff. June
12, 1981; Subsec. (b) amended by Acts 1991, 72nd Leg., ch. 652,
Sec. 8, eff. Sept. 1, 1991; Subsec. (c) amended by Acts 1997, 75th
Leg., ch. 866, Sec. 1, eff. Sept. 1, 1997;
Article: 36.22 36.23 36.24 36.25 36.26 36.27 36.28 36.29 36.30 36.31 36.32 36.33 37.01 37.02
Last modified: August 10, 2007
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