Code of Criminal Procedure Chapter 37 - Houston Criminal Lawyer - John T. Floyd Law Firm - Houston,Texas

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CODE OF CRIMINAL PROCEDURE CHAPTER 37.

THE VERDICT

Art. 37.01. [686] [763] [743] Verdict

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

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

Art. 37.02. Verdict by nine jurors

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.

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

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

Art. 37.03. [689] [766] [746] In county court

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

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

Art. 37.04. When jury has agreed

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.

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.

Art. 37.05. [691] [768] [748] Polling the jury

The State or the defendant shall have the right to have the jury
polled, which is done by calling separately the name of each juror
and asking him if the verdict is his. If all, when asked, answer in
the affirmative, the verdict shall be entered upon the minutes; but
if any juror answer in the negative, the jury shall retire again to
consider its verdict.

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

Art. 37.06. [692] [769] [749] Presence of defendant

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.

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

Art. 37.07. [693] [770] [750] Verdict must be general; separate
hearing on proper punishment

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.

(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.

(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.

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.

(b) Except as provided in Article 37.071, if a finding of guilty is
returned, it shall then be the responsibility of the judge to assess
the punishment applicable to the offense; provided, however, that
(1) in any criminal action where the jury may recommend probation
and the defendant filed his sworn motion for probation before the
trial began, and (2) in other cases where the defendant so elects in
writing before the commencement of the voir dire examination of the
jury panel, the punishment shall be assessed by the same jury,
except as provided in Article 44.29. If a finding of guilty is
returned, the defendant may, with the consent of the attorney for
the state, change his election of one who assesses the punishment.

Sec. 3. Evidence of prior criminal record in all criminal cases
after a finding of guilty.

(a)(1) Regardless of the plea and whether the punishment be
assessed by the judge or the jury, evidence may be offered by the
state and the defendant as to any matter the court deems relevant to
sentencing, including but not limited to the prior criminal record
of the defendant, his general reputation, his character, an opinion
regarding his character, the circumstances of the offense for which
he is being tried, and, notwithstanding Rules 404 and 405, Texas
Rules of Evidence, any other evidence of an extraneous crime or bad
act that is shown beyond a reasonable doubt by evidence to have been
committed by the defendant or for which he could be held criminally
responsible, regardless of whether he has previously been charged
with or finally convicted of the crime or act. A court may consider
as a factor in mitigating punishment the conduct of a defendant
while participating in a program under Chapter 17 as a condition of
release on bail. Additionally, notwithstanding Rule 609(d), Texas
Rules of Evidence, and subject to Subsection (h), evidence may be
offered by the state and the defendant of an adjudication of
delinquency based on a violation by the defendant of a penal law of
the grade of:

(A) a felony; or

(B) a misdemeanor punishable by confinement in jail.

(2) Notwithstanding Subdivision (1), evidence may not be offered by
the state to establish that the race or ethnicity of the defendant
makes it likely that the defendant will engage in future criminal
conduct.

(b) After the introduction of such evidence has been concluded, and
if the jury has the responsibility of assessing the punishment, the
court shall give such additional written instructions as may be
necessary and the order of procedure and the rules governing the
conduct of the trial shall be the same as are applicable on the
issue of guilt or innocence.

(c) In cases where the matter of punishment is referred to the jury,
the verdict shall not be complete until the jury has rendered a
verdict both on the guilt or innocence of the defendant and the
amount of punishment, where the jury finds the defendant guilty. In
the event the jury shall fail to agree, a mistrial shall be
declared, the jury shall be discharged, and no jeopardy shall
attach.

(d) When the judge assesses the punishment, he may order an
investigative report as contemplated in Section 9 of Article 42.12
of this code and after considering the report, and after the hearing
of the evidence hereinabove provided for, he shall forthwith
announce his decision in open court as to the punishment to be
assessed.

(e) Nothing herein contained shall be construed as affecting the
admissibility of extraneous offenses on the question of guilt or
innocence.

(f) In cases in which the matter of punishment is referred to a
jury, either party may offer into evidence the availability of
community corrections facilities serving the jurisdiction in which
the offense was committed.

(g) On timely request of the defendant, notice of intent to
introduce evidence under this article shall be given in the same
manner required by Rule 404(b), Texas Rules of Criminal Evidence.
If the attorney representing the state intends to introduce an
extraneous crime or bad act that has not resulted in a final
conviction in a court of record or a probated or suspended sentence,
notice of that intent is reasonable only if the notice includes the
date on which and the county in which the alleged crime or bad act
occurred and the name of the alleged victim of the crime or bad act.
The requirement under this subsection that the attorney
representing the state give notice applies only if the defendant
makes a timely request to the attorney representing the state for
the notice.

(h) Regardless of whether the punishment will be assessed by the
judge or the jury, neither the state nor the defendant may offer
before sentencing evidence that the defendant plans to undergo an
orchiectomy.

(i) Evidence of an adjudication for conduct that is a violation of a
penal law of the grade of misdemeanor punishable by confinement in
jail is admissible only if the conduct upon which the adjudication
is based occurred on or after January 1, 1996.

Sec. 4. (a) In the penalty phase of the trial of a felony case in
which the punishment is to be assessed by the jury rather than the
court, if the offense of which the jury has found the defendant
guilty is listed in Section 3g(a)(1), Article 42.12, of this code or
if the judgment contains an affirmative finding under Section
3g(a)(2), Article 42.12, of this code, unless the defendant has
been convicted of a capital felony the court shall charge the jury
in writing as follows:

"Under the law applicable in this case, the defendant, if sentenced
to a term of imprisonment, may earn time off the period of
incarceration imposed through the award of good conduct time.
Prison authorities may award good conduct time to a prisoner who
exhibits good behavior, diligence in carrying out prison work
assignments, and attempts at rehabilitation. If a prisoner engages
in misconduct, prison authorities may also take away all or part of
any good conduct time earned by the prisoner.

"It is also possible that the length of time for which the defendant
will be imprisoned might be reduced by the award of parole.

"Under the law applicable in this case, if the defendant is
sentenced to a term of imprisonment, he will not become eligible for
parole until the actual time served equals one-half of the sentence
imposed or 30 years, whichever is less, without consideration of
any good conduct time he may earn. If the defendant is sentenced to
a term of less than four years, he must serve at least two years
before he is eligible for parole. Eligibility for parole does not
guarantee that parole will be granted.

"It cannot accurately be predicted how the parole law and good
conduct time might be applied to this defendant if he is sentenced
to a term of imprisonment, because the application of these laws
will depend on decisions made by prison and parole authorities.

"You may consider the existence of the parole law and good conduct
time. However, you are not to consider the extent to which good
conduct time may be awarded to or forfeited by this particular
defendant. You are not to consider the manner in which the parole
law may be applied to this particular defendant."

(b) In the penalty phase of the trial of a felony case in which the
punishment is to be assessed by the jury rather than the court, if
the offense is punishable as a felony of the first degree, if a
prior conviction has been alleged for enhancement of punishment as
provided by Section 12.42(b), (c), or (d), Penal Code, or if the
offense is a felony not designated as a capital felony or a felony
of the first, second, or third degree and the maximum term of
imprisonment that may be imposed for the offense is longer than 60
years, unless the offense of which the jury has found the defendant
guilty is listed in Section 3g(a)(1), Article 42.12, of this code or
the judgment contains an affirmative finding under Section
3g(a)(2), Article 42.12, of this code, the court shall charge the
jury in writing as follows:

"It is also possible that the length of time for which the defendant
will be imprisoned might be reduced by the award of parole.

"Under the law applicable in this case, if the defendant is
sentenced to a term of imprisonment, he will not become eligible for
parole until the actual time served plus any good conduct time
earned equals one-fourth of the sentence imposed or 15 years,
whichever is less. Eligibility for parole does not guarantee that
parole will be granted.

(c) In the penalty phase of the trial of a felony case in which the
punishment is to be assessed by the jury rather than the court, if
the offense is punishable as a felony of the second or third degree,
if a prior conviction has been alleged for enhancement as provided
by Section 12.42(a), Penal Code, or if the offense is a felony not
designated as a capital felony or a felony of the first, second, or
third degree and the maximum term of imprisonment that may be
imposed for the offense is 60 years or less, unless the offense of
which the jury has found the defendant guilty is listed in Section
3g(a)(1), Article 42.12, of this code or the judgment contains an
affirmative finding under Section 3g(a)(2), Article 42.12, of this
code, the court shall charge the jury in writing as follows:

"It is also possible that the length of time for which the defendant
will be imprisoned might be reduced by the award of parole.

"Under the law applicable in this case, if the defendant is
sentenced to a term of imprisonment, he will not become eligible for
parole until the actual time served plus any good conduct time
earned equals one-fourth of the sentence imposed. Eligibility for
parole does not guarantee that parole will be granted.

(d) This section does not permit the introduction of evidence on the
operation of parole and good conduct time laws.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by Acts 1967,
60th Leg., p. 1739, ch. 659, Sec. 22, eff. Aug. 28, 1967; Acts 1973,
63rd Leg., p. 971, ch. 399, Sec. 2(A), eff. Jan. 1, 1974; Acts 1973,
63rd Leg., p. 1126, ch. 426, art. 3, Sec. 2, eff. June 14, 1973.

Sec. 3(d) amended by Acts 1981, 67th Leg., p. 2466, ch. 639, Sec. 1,
eff. Sept. 1, 1981; Sec. 2(b) amended by Acts 1985, 69th Leg., ch.
291, Sec. 1, eff. Sept. 1, 1985; Sec. 3(a) amended by Acts 1985,
69th Leg., ch. 685, Sec. 8(b), eff. Aug. 26, 1985; Sec. 4 added by
Acts 1985, 69th Leg., ch. 576, Sec. 1, eff. Sept. 1, 1985; Sec. 2(b)
amended by Acts 1987, 70th Leg., ch. 179, Sec. 2, eff. Aug. 31,
1987; Sec. 3(a) amended by Acts 1987, 70th Leg., ch. 385, Sec. 19,
eff. Sept. 1, 1987; Acts 1987, 70th Leg., ch. 386, Sec. 1, eff.
Sept. 1, 1987; Sec. 4 amended by Acts 1987, 70th Leg., ch. 66, Sec.
1, eff. May 6, 1987; Acts 1987, 70th Leg., ch. 1101, Sec. 15, eff.
Sept. 1, 1987; Acts 1989, 71st Leg., ch. 103, Sec. 1; Sec. 3(a)
amended by Acts 1989, 71st Leg., ch. 785, Sec. 4.04, eff. Sept. 1,
1989; Sec. 3(f) added by Acts 1990, 71st Leg., 6th C.S., ch. 25,
Sec. 30, eff. June 18, 1990; Sec. 3(a) amended by Acts 1993, 73rd
Leg., ch. 900, Sec. 5.05, eff. Sept. 1, 1993; Sec. 3(d) amended by
Acts 1993, 73rd Leg., ch. 900, Sec. 5.01, eff. Sept. 1, 1993; Sec.
3(g) added by Acts 1993, 73rd Leg., ch. 900, Sec. 5.06, eff. Sept.
1, 1993; Sec. 4 amended by Acts 1993, 73rd Leg., ch. 900, Sec. 5.02,
eff. Sept. 1, 1993; Sec. 3(a) amended by Acts 1995, 74th Leg., ch.
262, Sec. 82, eff. Jan. 1, 1996; Sec. 3(a) amended by Acts 1997,
75th Leg., ch. 1086, Sec. 31, eff. Sept. 1, 1997; Sec. 3(h) added by
Acts 1997, 75th Leg., ch. 144, Sec. 2, eff. May 20, 1997; Sec. 3(h)
added by Acts 1997, 75th Leg., ch. 1086, Sec. 31, eff. Sept. 1,
1997; relettered as Sec. 3(i) by Acts 1999, 76th Leg., ch. 62, Sec.
19.01(7), eff. Sept. 1, 1999; Sec. 3(a) amended by Acts 2001, 77th
Leg., ch. 585, Sec. 1, eff. Sept. 1, 2001.

Art. 37.071. Procedure in capital case

Sec. 1. If a defendant is found guilty in a capital felony case in
which the state does not seek the death penalty, the judge shall
sentence the defendant to life imprisonment.

Sec. 2. (a)(1) If a defendant is tried for a capital offense in
which the state seeks the death penalty, on a finding that the
defendant is guilty of a capital offense, the court shall conduct a
separate sentencing proceeding to determine whether the defendant
shall be sentenced to death or life imprisonment. The proceeding
shall be conducted in the trial court and, except as provided by
Article 44.29(c) of this code, before the trial jury as soon as
practicable. In the proceeding, evidence may be presented by the
state and the defendant or the defendant's counsel as to any matter
that the court deems relevant to sentence, including evidence of
the defendant's background or character or the circumstances of the
offense that mitigates against the imposition of the death penalty.
This subdivision shall not be construed to authorize the
introduction of any evidence secured in violation of the
Constitution of the United States or of the State of Texas. The
state and the defendant or the defendant's counsel shall be
permitted to present argument for or against sentence of death. The
court, the attorney representing the state, the defendant, or the
defendant's counsel may not inform a juror or a prospective juror of
the effect of a failure of a jury to agree on issues submitted under
Subsection (c) or (e) of this article.

(b) On conclusion of the presentation of the evidence, the court
shall submit the following issues to the jury:

(1) whether there is a probability that the defendant would commit
criminal acts of violence that would constitute a continuing threat
to society; and

(2) in cases in which the jury charge at the guilt or innocence
stage permitted the jury to find the defendant guilty as a party
under Sections 7.01 and 7.02, Penal Code, whether the defendant
actually caused the death of the deceased or did not actually cause
the death of the deceased but intended to kill the deceased or
another or anticipated that a human life would be taken.

(c) The state must prove each issue submitted under Subsection (b)
of this article beyond a reasonable doubt, and the jury shall return
a special verdict of "yes" or "no" on each issue submitted under
Subsection (b) of this Article.

(d) The court shall charge the jury that:

(1) in deliberating on the issues submitted under Subsection (b) of
this article, it shall consider all evidence admitted at the guilt
or innocence stage and the punishment stage, including evidence of
the defendant's background or character or the circumstances of the
offense that militates for or mitigates against the imposition of
the death penalty;

(2) it may not answer any issue submitted under Subsection (b) of
this article "yes" unless it agrees unanimously and it may not
answer any issue "no" unless 10 or more jurors agree; and

(3) members of the jury need not agree on what particular evidence
supports a negative answer to any issue submitted under Subsection
(b) of this article.

(e)(1) The court shall instruct the jury that if the jury returns an
affirmative finding to each issue submitted under Subsection (b) of
this article, it shall answer the following issue:

Whether, taking into consideration all of the evidence, including
the circumstances of the offense, the defendant's character and
background, and the personal moral culpability of the defendant,
there is a sufficient mitigating circumstance or circumstances to
warrant that a sentence of life imprisonment rather than a death
sentence be imposed.

(2) The court, on the written request of the attorney representing
the defendant, shall:

(A) instruct the jury that if the jury answers that a circumstance
or circumstances warrant that a sentence of life imprisonment
rather than a death sentence be imposed, the court will sentence the
defendant to imprisonment in the institutional division of the
Texas Department of Criminal Justice for life; and

(B) charge the jury in writing as follows:

"Under the law applicable in this case, if the defendant is
sentenced to imprisonment in the institutional division of the
Texas Department of Criminal Justice for life, the defendant will
become eligible for release on parole, but not until the actual time
served by the defendant equals 40 years, without consideration of
any good conduct time. It cannot accurately be predicted how the
parole laws might be applied to this defendant if the defendant is
sentenced to a term of imprisonment for life because the
application of those laws will depend on decisions made by prison
and parole authorities, but eligibility for parole does not
guarantee that parole will be granted."

(f) The court shall charge the jury that in answering the issue
submitted under Subsection (e) of this article, the jury:

(1) shall answer the issue "yes" or "no";

(2) may not answer the issue "no" unless it agrees unanimously and
may not answer the issue "yes" unless 10 or more jurors agree;

(3) need not agree on what particular evidence supports an
affirmative finding on the issue; and

(4) shall consider mitigating evidence to be evidence that a juror
might regard as reducing the defendant's moral blameworthiness.

(g) If the jury returns an affirmative finding on each issue
submitted under Subsection (b) of this article and a negative
finding on an issue submitted under Subsection (e) of this article,
the court shall sentence the defendant to death. If the jury
returns a negative finding on any issue submitted under Subsection
(b) of this article or an affirmative finding on an issue submitted
under Subsection (e) of this article or is unable to answer any
issue submitted under Subsection (b) or (e) of this article, the
court shall sentence the defendant to confinement in the
institutional division of the Texas Department of Criminal Justice
for life.

(h) The judgment of conviction and sentence of death shall be
subject to automatic review by the Court of Criminal Appeals.

(i) This article applies to the sentencing procedure in a capital
case for an offense that is committed on or after September 1, 1991.
For the purposes of this section, an offense is committed on or
after September 1, 1991, if any element of that offense occurs on or
after that date.

Added by Acts 1973, 63rd Leg., p. 1125, ch. 426, art. 3, Sec. 1, eff.
June 14, 1973.

Subsec. (e) amended by Acts 1981, 67th Leg., p. 2673, ch. 725, Sec.
1, eff. Aug. 31, 1981. Amended by Acts 1985, 69th Leg., ch. 44, Sec.
2, eff. Sept. 1, 1985; Acts 1991, 72nd Leg., ch. 652, Sec. 9, eff.
Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 838, Sec. 1, eff. Sept. 1,
1991; Subsec. (i) added by Acts 1993, 73rd Leg., ch. 781, Sec. 1,
eff. Aug. 30, 1993; Sec. 2(e) amended by Acts 1999, 76th Leg., ch.
140, Sec. 1, eff. Sept. 1, 1999; Sec. 2(a) amended by Acts 2001,
77th Leg., ch. 585, Sec. 2, eff. Sept. 1, 2001.

Art. 37.0711. Procedure in capital case for offense committed
before September 1, 1991

Sec. 1. This article applies to the sentencing procedure in a
capital case for an offense that is committed before September 1,
1991, whether the sentencing procedure is part of the original
trial of the offense, an award of a new trial for both the guilt or
innocence stage and the punishment stage of the trial, or an award
of a new trial only for the punishment stage of the trial. For the
purposes of this section, an offense is committed before September
1, 1991, if every element of the offense occurs before that date.

Sec. 2. If a defendant is found guilty in a case in which the state
does not seek the death penalty, the judge shall sentence the
defendant to life imprisonment.

Sec. 3. (a)(1) If a defendant is tried for a capital offense in
which the state seeks the death penalty, on a finding that the
defendant is guilty of a capital offense, the court shall conduct a
separate sentencing proceeding to determine whether the defendant
shall be sentenced to death or life imprisonment. The proceeding
shall be conducted in the trial court and, except as provided by
Article 44.29(c) of this code, before the trial jury as soon as
practicable. In the proceeding, evidence may be presented as to any
matter that the court deems relevant to sentence. This subdivision
shall not be construed to authorize the introduction of any
evidence secured in violation of the Constitution of the United
States or of this state. The state and the defendant or the
defendant's counsel shall be permitted to present argument for or
against sentence of death.

(b) On conclusion of the presentation of the evidence, the court
shall submit the following three issues to the jury:

(1) whether the conduct of the defendant that caused the death of
the deceased was committed deliberately and with the reasonable
expectation that the death of the deceased or another would result;

(2) whether there is a probability that the defendant would commit
criminal acts of violence that would constitute a continuing threat
to society; and

(3) if raised by the evidence, whether the conduct of the defendant
in killing the deceased was unreasonable in response to the
provocation, if any, by the deceased.

(c) The state must prove each issue submitted under Subsection (b)
of this section beyond a reasonable doubt, and the jury shall return
a special verdict of "yes" or "no" on each issue submitted.

(d) The court shall charge the jury that:

(1) it may not answer any issue submitted under Subsection (b) of
this section "yes" unless it agrees unanimously; and

(2) it may not answer any issue submitted under Subsection (b) of
this section "no" unless 10 or more jurors agree.

(e) The court shall instruct the jury that if the jury returns an
affirmative finding on each issue submitted under Subsection (b) of
this section, it shall answer the following issue:

(f) The court shall charge the jury that, in answering the issue
submitted under Subsection (e) of this section, the jury:

(1) shall answer the issue "yes" or "no";

(2) may not answer the issue "no" unless it agrees unanimously and
may not answer the issue "yes" unless 10 or more jurors agree; and

(3) shall consider mitigating evidence that a juror might regard as
reducing the defendant's moral blameworthiness.

(g) If the jury returns an affirmative finding on each issue
submitted under Subsection (b) of this section and a negative
finding on the issue submitted under Subsection (e) of this
section, the court shall sentence the defendant to death. If the
jury returns a negative finding on any issue submitted under
Subsection (b) of this section or an affirmative finding on the
issue submitted under Subsection (e) of this section or is unable to
answer any issue submitted under Subsection (b) or (e) of this
section, the court shall sentence the defendant to confinement in
the institutional division of the Texas Department of Criminal
Justice for life.

(h) If a defendant is convicted of an offense under Section
19.03(a)(7), Penal Code, the court shall submit the issues under
Subsections (b) and (e) of this section only with regard to the
conduct of the defendant in murdering the deceased individual first
named in the indictment.

(i) The court, the attorney for the state, or the attorney for the
defendant may not inform a juror or prospective juror of the effect
of failure of the jury to agree on an issue submitted under this
article.

(j) The Court of Criminal Appeals shall automatically review a
judgment of conviction and sentence of death not later than the 60th
day after the date of certification by the sentencing court of the
entire record, unless the Court of Criminal Appeals extends the
time for an additional period not to exceed 30 days for good cause
shown. Automatic review under this subsection has priority over
all other cases before the Court of Criminal Appeals, and the court
shall hear automatic reviews under rules adopted by the court for
that purpose.

Added by Acts 1993, 73rd Leg., ch. 781, Sec. 2, eff. Aug. 30, 1993.
Sec. 3(h) amended by Acts 1995, 74th Leg., ch. 76, Sec. 14.22, eff.
Sept. 1, 1995; Sec. 3(a) amended by Acts 2001, 77th Leg., ch. 585,
Sec. 3, eff. Sept. 1, 2001.

Art. 37.073. Repayment of Rewards

(a) After a defendant has been convicted of a felony offense, the
judge may order a defendant to repay all or part of a reward paid by
a crime stoppers organization.

(b) In determining whether the defendant must repay the reward or
part of the reward, the court shall consider:

(1) the ability of the defendant to make the payment and the
financial hardship on the defendant to make the required payment;
and

(2) the importance of the information to the prosecution of the
defendant as provided by the arresting officer or the attorney for
the state with due regard for the confidentiality of the crime
stoppers organization records.

(c) In this article, "crime stoppers organization" means a crime
stoppers organization, as defined by Subdivision (2), Section
414.001, Government Code, that is approved by the Crime Stoppers
Advisory Council to receive payments of rewards under this article
and Article 42.152 of this code.

Added by Acts 1989, 71st Leg., ch. 611, Sec. 1, eff. Sept. 1, 1989.
Renumbered from art. 37.072 by Acts 1991, 72nd Leg., ch. 16, Sec.
19.01(5), eff. Aug. 26, 1991. Amended by Acts 1997, 75th Leg., ch.
700, Sec. 10, eff. Sept. 1, 1997.

Art. 37.08. [694] [771] [751] Conviction of lesser included offense

In a prosecution for an offense with lesser included offenses, the
jury may find the defendant not guilty of the greater offense, but
guilty of any lesser included offense.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by Acts 1973,
63rd Leg., p. 972, ch. 399, Sec. 2(A), eff. Jan. 1, 1974.

Art. 37.09. [695] [772] [752] Lesser included offense

An offense is a lesser included offense if:

(1) it is established by proof of the same or less than all the facts
required to establish the commission of the offense charged;

(2) it differs from the offense charged only in the respect that a
less serious injury or risk of injury to the same person, property,
or public interest suffices to establish its commission;

(3) it differs from the offense charged only in the respect that a
less culpable mental state suffices to establish its commission;
or

(4) it consists of an attempt to commit the offense charged or an
otherwise included offense.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by Acts 1973,
63rd Leg., p. 972, ch. 399, Sec. 2(A), eff. Jan. 1, 1974.

Art. 37.10. [696] [773-774] Informal verdict

(a) If the verdict of the jury is informal, its attention shall be
called to it, and with its consent the verdict may, under the
direction of the court, be reduced to the proper form. If the jury
refuses to have the verdict altered, it shall again retire to its
room to deliberate, unless it manifestly appear that the verdict is
intended as an acquittal; and in that case, the judgment shall be
rendered accordingly, discharging the defendant.

(b) If the jury assesses punishment in a case and in the verdict
assesses both punishment that is authorized by law for the offense
and punishment that is not authorized by law for the offense, the
court shall reform the verdict to show the punishment authorized by
law and to omit the punishment not authorized by law. If the trial
court is required to reform a verdict under this subsection and
fails to do so, the appellate court shall reform the verdict as
provided by this subsection.

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

Amended by Acts 1985, 69th Leg., ch. 442, Sec. 1, eff. June 11,
1985.

Art. 37.11. [697] [775-776] Defendants tried jointly

Where several defendants are tried together, the jury may convict
each defendant it finds guilty and acquit others. If it agrees to a
verdict as to one or more, it may find a verdict in accordance with
such agreement, and if it cannot agree as to others, a mistrial may
be entered as to them.

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

Art. 37.12. [698] [777-778] Judgment on verdict

On each verdict of acquittal or conviction, the proper judgment
shall be entered immediately. If acquitted, the defendant shall be
at once discharged from all further liability upon the charge for
which he was tried; provided that, in misdemeanor cases where there
is returned a verdict, or a plea of guilty is entered and the
punishment assessed is by fine only, the court may, on written
request of the defendant and for good cause shown, defer judgment
until some other day fixed by order of the court; but in no event
shall the judgment be deferred for a longer period of time than six
months. On expiration of the time fixed by the order of the court,
the court or judge thereof, shall enter judgment on the verdict or
plea and the same shall be executed as provided by Chapter 43 of
this Code. Provided further, that the court or judge thereof, in
the exercise of sound discretion may permit the defendant where
judgment is deferred, to remain at large on his personal bond, or
may require him to enter into bail bond in a sum at least double the
amount of the assessed fine and costs, conditioned that the
defendant and sureties, jointly and severally, will pay such fine
and costs unless the defendant personally appears on the day, set in
the order and discharges the judgment in the manner provided by
Chapter 43 of this Code; and for the enforcement of any judgment
entered, all writs, processes and remedies of this Code are made
applicable so far as necessary to carry out the provisions of this
Article.

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

Art. 37.13. [701] [781] [761] If jury believes accused insane

When a jury has been impaneled to assess the punishment upon a plea
of guilty, it shall say in its verdict what the punishment is which
it assesses; but if it is of the opinion that a person pleading
guilty is insane, it shall so report to the court, and an issue as to
that fact shall be tried before another jury; and if, upon such
trial, it be found that the defendant is insane, such proceedings
shall be had as directed in cases where a defendant becomes insane
after conviction.

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

Art. 37.14. [702] [782] [762] Acquittal of higher offense as
jeopardy

If a defendant, prosecuted for an offense which includes within it
lesser offenses, be convicted of an offense lower than that for
which he is indicted, and a new trial be granted him, or the
judgment be arrested for any cause other than the want of
jurisdiction, the verdict upon the first trial shall be considered
an acquittal of the higher offense; but he may, upon a second
trial, be convicted of the same offense of which he was before
convicted, or any other inferior thereto.

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

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