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Texas Laws | Criminal Procedure

Acts 2009, 81st Leg., R.S., Ch. 627 (H.B. 1321), Sec. 1, eff. September 1, 2009. (6884)


If nine of the jury can be kept together in a misdemeanor case in the district court, they shall not be discharged. If more than three of the twelve are discharged, the entire jury shall be discharged. (6886)

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. (6887)

Art. 36.31. DISAGREEMENT OF JURY. (6888)(Text)

After the cause is submitted to the jury, it may be discharged when it cannot agree and both parties consent to its discharge; or the court may in its discretion discharge it where it has been kept together for such time as to render it altogether improbable that it can agree. (6889)

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. (6890)


During the trial of any case, the term shall be deemed to have been extended until such time as the jury has rendered its verdict or been discharged according to law. (6892)

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. (6893)

Art. 36.33. DISCHARGE WITHOUT VERDICT. (6894)(Text)

When a jury has been discharged, as provided in the four preceding Articles, without having rendered a verdict, the cause may be again tried at the same or another term. (6895)

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. (6896)

CHAPTER 37. THE VERDICT (6897)(Text)

Art. 37.01. VERDICT. (6898)(Text)

A "verdict" is a written declaration by a jury of its decision of the issue submitted to it in the case. (6899)

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. (6900)

Art. 37.02. VERDICT BY NINE JURORS. (6901)(Text)

In misdemeanor cases in the district court, where one or more jurors have been discharged from serving after the cause has been submitted to them, if all the alternate jurors selected under Article 33.011 of this code have either been seated or discharged, and there be as many as nine of the jurors remaining, those remaining may render and return a verdict; but in such case, the verdict must be signed by each juror rendering it. (6902)

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. (6903)

Amended by Acts 1983, 68th Leg., p. 4594, ch. 775, Sec. 4, eff. Aug. 29, 1983. (6904)

Art. 37.03. IN COUNTY COURT. (6905)(Text)

In the county court the verdict must be concurred in by each juror. (6906)

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. (6907)

Art. 37.04. WHEN JURY HAS AGREED. (6908)(Text)

When the jury agrees upon a verdict, it shall be brought into court by the proper officer; and if it states that it has agreed, the verdict shall be read aloud by the judge, the foreman, or the clerk. If in proper form and no juror dissents therefrom, and neither party requests a poll of the jury, the verdict shall be entered upon the minutes of the court. (6909)

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by Acts 1981, 67th Leg., p. 171, ch. 78, Sec. 1, eff. April 30, 1981. (6910)

Art. 37.05. POLLING THE JURY. (6911)(Text)

(a) The State and the defendant each have the right to have the jury polled, which is done by calling separately the name or identification number of each juror and asking the juror if the verdict is the juror's. If all jurors, when asked, answer in the affirmative, the verdict shall be entered upon the minutes; but if any juror answers in the negative, the jury shall retire again to consider its verdict. (6912)

(b) For the purposes of polling the jury in Subsection (a), the judge may assign each juror an identification number to use in place of the juror's name. (6913)

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. (6914)

Amended by: (6915)

Acts 2017, 85th Leg., R.S., Ch. 287 (S.B. 46), Sec. 1, eff. September 1, 2017. (6916)

Art. 37.06. PRESENCE OF DEFENDANT. (6917)(Text)

In felony cases the defendant must be present when the verdict is read unless his absence is wilful or voluntary. A verdict in a misdemeanor case may be received and read in the absence of the defendant. (6918)

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. (6919)



Sec. 1. (a) The verdict in every criminal action must be general. When there are special pleas on which a jury is to find they must say in their verdict that the allegations in such pleas are true or untrue. (6922)

(b) If the plea is not guilty, they must find that the defendant is either guilty or not guilty, and, except as provided in Section 2, they shall assess the punishment in all cases where the same is not absolutely fixed by law to some particular penalty. (6923)

(c) If the charging instrument contains more than one count or if two or more offenses are consolidated for trial pursuant to Chapter 3 of the Penal Code, the jury shall be instructed to return a finding of guilty or not guilty in a separate verdict as to each count and offense submitted to them. (6924)

Sec. 2. (a) In all criminal cases, other than misdemeanor cases of which the justice court or municipal court has jurisdiction, which are tried before a jury on a plea of not guilty, the judge shall, before argument begins, first submit to the jury the issue of guilt or innocence of the defendant of the offense or offenses charged, without authorizing the jury to pass upon the punishment to be imposed. If the jury fails to agree on the issue of guilt or innocence, the judge shall declare a mistrial and discharge the jury, and jeopardy does not attach in the case. (6925)

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