CODE OF CRIMINAL PROCEDURE

CHAPTER 33. THE MODE OF TRIAL




Art. 33.01. Jury Size                                                         

(a) Except as provided by Subsection (b), in the district court, the 
jury shall consist of twelve qualified jurors.  In the county court 
and inferior courts, the jury shall consist of six qualified 
jurors.

(b) In a trial involving a misdemeanor offense, a district court 
jury shall consist of six qualified jurors.

Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.  
Amended by Acts 2003, 78th Leg., ch. 466, Sec. 1, eff. Jan. 1, 2004.




Art. 33.011. Alternate jurors                                                 

(a) In district courts, the judge may direct that not more than four 
jurors in addition to the regular jury be called and impaneled to 
sit as alternate jurors.  In county courts, the judge may direct 
that not more than two jurors in addition to the regular jury be 
called and impaneled to sit as alternate jurors.

(b) Alternate jurors in the order in which they are called shall 
replace jurors who, prior to the time the jury retires to consider 
its verdict, become or are found to be unable or disqualified to 
perform their duties.  Alternate jurors shall be drawn and selected 
in the same manner, shall have the same qualifications, shall be 
subject to the same examination and challenges, shall take the same 
oath, and shall have the same functions, powers, facilities, 
security, and privileges as regular jurors.  An alternate juror who 
does not replace a regular juror shall be discharged after the jury 
retires to consider its verdict.

Acts 1983, 68th Leg., p. 4594, ch. 775, Sec. 2, eff. Aug. 29, 1983.           




Art. 33.02. [579] Failure to register                                         

Failure to register to vote shall not disqualify any person from 
jury service.

Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.  
Amended by Acts 1981, 67th Leg., p. 3143, ch. 827, Sec. 6, eff. Aug. 
31, 1981.




Art. 33.03. [580] [646] [633] Presence of defendant                           

In all prosecutions for felonies, the defendant must be personally 
present at the trial, and he must likewise be present in all cases 
of misdemeanor when the punishment or any part thereof is 
imprisonment in jail;  provided, however, that in all cases, when 
the defendant voluntarily absents himself after pleading to the 
indictment or information, or after the jury has been selected when 
trial is before a jury, the trial may proceed to its conclusion.  
When the record in the appellate court shows that the defendant was 
present at the commencement, or any portion of the trial, it shall 
be presumed in the absence of all evidence in the record to the 
contrary that he was present during the whole trial.  Provided, 
however, that the presence of the defendant shall not be required at 
the hearing on the motion for new trial in any misdemeanor case.

Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.  
Amended by Acts 1979, 66th Leg., p. 1832, ch. 745, Sec. 1, eff. Aug. 
27, 1979.




Art. 33.04. [581] [647] [634] May appear by counsel                           

In other misdemeanor cases, the defendant may, by consent of the 
State's attorney, appear by counsel, and the trial may proceed 
without his personal presence.

Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.             




Art. 33.05. [582] [648] On bail during trial                                  

If the defendant is on bail when the trial commences, such bail 
shall be considered as discharged if he is acquitted.  If a verdict 
of guilty is returned against him, the discharge of his bail shall 
be governed by other provisions of this Code.

Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.             




Art. 33.06. Sureties bound in case of mistrial                                

If there be a mistrial in a felony case, the original sureties, if 
any, of the defendant shall be still held bound for his appearance 
until they surrender him in accordance with the provisions of this 
Code.

Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.             




Art. 33.07. Criminal docket                                                   

Each clerk of a court of record having criminal jurisdiction shall 
keep a docket in which shall be set down the style and file number of 
each criminal action, the nature of the offense, the names of 
counsel, the proceedings had therein, and the date of each 
proceeding.

Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.             




Art. 33.08. To fix day for criminal docket                                    

The district courts and county courts shall have control of their 
respective dockets as to the settings of criminal cases.

Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.             




Art. 33.09. [591, 626] [660, 647] Jury drawn                                  

Jury panels, including special venires, for the trial of criminal 
cases shall be selected and summoned (with return on summons) in the 
same manner as the selection of panels for the trial of civil cases 
except as otherwise provided in this Code.

Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.