State Codes and Statutes
Statutes > Texas > Code-of-criminal-procedure > Title-1-code-of-criminal-procedure > Chapter-34-special-venire-in-capital-cases
CODE OF CRIMINAL PROCEDURE
TITLE 1. CODE OF CRIMINAL PROCEDURE
CHAPTER 34. SPECIAL VENIRE IN CAPITAL CASES
Art. 34.01. SPECIAL VENIRE. A "special venire" is a writ issued
in a capital case by order of the district court, commanding the
sheriff to summon either verbally or by mail such a number of
persons, not less than 50, as the court may order, to appear
before the court on a day named in the writ from whom the jury
for the trial of such case is to be selected. Where as many as
one hundred jurors have been summoned in such county for regular
service for the week in which such capital case is set for trial,
the judge of the court having jurisdiction of a capital case in
which a motion for a special venire has been made, shall grant or
refuse such motion for a special venire, and upon such refusal
require the case to be tried by regular jurors summoned for
service in such county for the week in which such capital case is
set for trial and such additional talesmen as may be summoned by
the sheriff upon order of the court as provided in Article 34.02
of this Code, but the clerk of such court shall furnish the
defendant or his counsel a list of the persons summoned as
provided in Article 34.04.
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
Art. 34.02. ADDITIONAL NAMES DRAWN. In any criminal case in
which the court deems that the veniremen theretofore drawn will
be insufficient for the trial of the case, or in any criminal
case in which the venire has been exhausted by challenge or
otherwise, the court shall order additional veniremen in such
numbers as the court may deem advisable, to be summoned as
follows:
(a) In a jury wheel county, the names of those to be summoned
shall be drawn from the jury wheel.
(b) In counties not using the jury wheel, the veniremen shall be
summoned by the sheriff.
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
Art. 34.03. INSTRUCTIONS TO SHERIFF. When the sheriff is ordered
by the court to summon persons upon a special venire whose names
have not been selected under the Jury Wheel Law, the court shall,
in every case, caution and direct the sheriff to summon such
persons as have legal qualifications to serve on juries,
informing him of what those qualifications are, and shall direct
him, as far as he may be able to summon persons of good character
who can read and write, and such as are not prejudiced against
the defendant or biased in his favor, if he knows of such bias or
prejudice.
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
Art. 34.04. NOTICE OF LIST. No defendant in a capital case in
which the state seeks the death penalty shall be brought to trial
until he shall have had at least two days (including holidays) a
copy of the names of the persons summoned as veniremen, for the
week for which his case is set for trial except where he waives
the right or is on bail. When such defendant is on bail, the
clerk of the court in which the case is pending shall furnish
such a list to the defendant or his counsel at least two days
prior to the trial (including holidays) upon timely motion by the
defendant or his counsel therefor at the office of such clerk,
and the defendant shall not be brought to trial until such list
has been furnished defendant or his counsel for at least two days
(including holidays). Where the venire is exhausted, by
challenges or otherwise, and additional names are drawn, the
defendant shall not be entitled to two days service of the names
additionally drawn, but the clerk shall compile a list of such
names promptly after they are drawn and if the defendant is not
on bail, the sheriff shall serve a copy of such list promptly
upon the defendant, and if on bail, the clerk shall furnish a
copy of such list to the defendant or his counsel upon request,
but the proceedings shall not be delayed thereby.
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
Amended by Acts 1991, 72nd Leg., ch. 652, Sec. 4, eff. Sept. 1,
1991.
Art. 34.05. MECHANICAL OR ELECTRONIC SELECTION METHOD. A
mechanical or electronic method of jury selection as provided by
Chapter 62, Government Code, may be used under this chapter.
Added by Acts 1995, 74th Leg., ch. 694, Sec. 1, eff. Sept. 1,
1995.
State Codes and Statutes
Statutes > Texas > Code-of-criminal-procedure > Title-1-code-of-criminal-procedure > Chapter-34-special-venire-in-capital-cases
CODE OF CRIMINAL PROCEDURE
TITLE 1. CODE OF CRIMINAL PROCEDURE
CHAPTER 34. SPECIAL VENIRE IN CAPITAL CASES
Art. 34.01. SPECIAL VENIRE. A "special venire" is a writ issued
in a capital case by order of the district court, commanding the
sheriff to summon either verbally or by mail such a number of
persons, not less than 50, as the court may order, to appear
before the court on a day named in the writ from whom the jury
for the trial of such case is to be selected. Where as many as
one hundred jurors have been summoned in such county for regular
service for the week in which such capital case is set for trial,
the judge of the court having jurisdiction of a capital case in
which a motion for a special venire has been made, shall grant or
refuse such motion for a special venire, and upon such refusal
require the case to be tried by regular jurors summoned for
service in such county for the week in which such capital case is
set for trial and such additional talesmen as may be summoned by
the sheriff upon order of the court as provided in Article 34.02
of this Code, but the clerk of such court shall furnish the
defendant or his counsel a list of the persons summoned as
provided in Article 34.04.
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
Art. 34.02. ADDITIONAL NAMES DRAWN. In any criminal case in
which the court deems that the veniremen theretofore drawn will
be insufficient for the trial of the case, or in any criminal
case in which the venire has been exhausted by challenge or
otherwise, the court shall order additional veniremen in such
numbers as the court may deem advisable, to be summoned as
follows:
(a) In a jury wheel county, the names of those to be summoned
shall be drawn from the jury wheel.
(b) In counties not using the jury wheel, the veniremen shall be
summoned by the sheriff.
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
Art. 34.03. INSTRUCTIONS TO SHERIFF. When the sheriff is ordered
by the court to summon persons upon a special venire whose names
have not been selected under the Jury Wheel Law, the court shall,
in every case, caution and direct the sheriff to summon such
persons as have legal qualifications to serve on juries,
informing him of what those qualifications are, and shall direct
him, as far as he may be able to summon persons of good character
who can read and write, and such as are not prejudiced against
the defendant or biased in his favor, if he knows of such bias or
prejudice.
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
Art. 34.04. NOTICE OF LIST. No defendant in a capital case in
which the state seeks the death penalty shall be brought to trial
until he shall have had at least two days (including holidays) a
copy of the names of the persons summoned as veniremen, for the
week for which his case is set for trial except where he waives
the right or is on bail. When such defendant is on bail, the
clerk of the court in which the case is pending shall furnish
such a list to the defendant or his counsel at least two days
prior to the trial (including holidays) upon timely motion by the
defendant or his counsel therefor at the office of such clerk,
and the defendant shall not be brought to trial until such list
has been furnished defendant or his counsel for at least two days
(including holidays). Where the venire is exhausted, by
challenges or otherwise, and additional names are drawn, the
defendant shall not be entitled to two days service of the names
additionally drawn, but the clerk shall compile a list of such
names promptly after they are drawn and if the defendant is not
on bail, the sheriff shall serve a copy of such list promptly
upon the defendant, and if on bail, the clerk shall furnish a
copy of such list to the defendant or his counsel upon request,
but the proceedings shall not be delayed thereby.
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
Amended by Acts 1991, 72nd Leg., ch. 652, Sec. 4, eff. Sept. 1,
1991.
Art. 34.05. MECHANICAL OR ELECTRONIC SELECTION METHOD. A
mechanical or electronic method of jury selection as provided by
Chapter 62, Government Code, may be used under this chapter.
Added by Acts 1995, 74th Leg., ch. 694, Sec. 1, eff. Sept. 1,
1995.
State Codes and Statutes
Statutes >
Texas >
Code-of-criminal-procedure >
Title-1-code-of-criminal-procedure >
Chapter-34-special-venire-in-capital-cases CODE OF CRIMINAL PROCEDURE
TITLE 1. CODE OF CRIMINAL PROCEDURE
CHAPTER 34. SPECIAL VENIRE IN CAPITAL CASES
Art. 34.01. SPECIAL VENIRE. A "special venire" is a writ issued
in a capital case by order of the district court, commanding the
sheriff to summon either verbally or by mail such a number of
persons, not less than 50, as the court may order, to appear
before the court on a day named in the writ from whom the jury
for the trial of such case is to be selected. Where as many as
one hundred jurors have been summoned in such county for regular
service for the week in which such capital case is set for trial,
the judge of the court having jurisdiction of a capital case in
which a motion for a special venire has been made, shall grant or
refuse such motion for a special venire, and upon such refusal
require the case to be tried by regular jurors summoned for
service in such county for the week in which such capital case is
set for trial and such additional talesmen as may be summoned by
the sheriff upon order of the court as provided in Article 34.02
of this Code, but the clerk of such court shall furnish the
defendant or his counsel a list of the persons summoned as
provided in Article 34.04.
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
Art. 34.02. ADDITIONAL NAMES DRAWN. In any criminal case in
which the court deems that the veniremen theretofore drawn will
be insufficient for the trial of the case, or in any criminal
case in which the venire has been exhausted by challenge or
otherwise, the court shall order additional veniremen in such
numbers as the court may deem advisable, to be summoned as
follows:
(a) In a jury wheel county, the names of those to be summoned
shall be drawn from the jury wheel.
(b) In counties not using the jury wheel, the veniremen shall be
summoned by the sheriff.
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
Art. 34.03. INSTRUCTIONS TO SHERIFF. When the sheriff is ordered
by the court to summon persons upon a special venire whose names
have not been selected under the Jury Wheel Law, the court shall,
in every case, caution and direct the sheriff to summon such
persons as have legal qualifications to serve on juries,
informing him of what those qualifications are, and shall direct
him, as far as he may be able to summon persons of good character
who can read and write, and such as are not prejudiced against
the defendant or biased in his favor, if he knows of such bias or
prejudice.
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
Art. 34.04. NOTICE OF LIST. No defendant in a capital case in
which the state seeks the death penalty shall be brought to trial
until he shall have had at least two days (including holidays) a
copy of the names of the persons summoned as veniremen, for the
week for which his case is set for trial except where he waives
the right or is on bail. When such defendant is on bail, the
clerk of the court in which the case is pending shall furnish
such a list to the defendant or his counsel at least two days
prior to the trial (including holidays) upon timely motion by the
defendant or his counsel therefor at the office of such clerk,
and the defendant shall not be brought to trial until such list
has been furnished defendant or his counsel for at least two days
(including holidays). Where the venire is exhausted, by
challenges or otherwise, and additional names are drawn, the
defendant shall not be entitled to two days service of the names
additionally drawn, but the clerk shall compile a list of such
names promptly after they are drawn and if the defendant is not
on bail, the sheriff shall serve a copy of such list promptly
upon the defendant, and if on bail, the clerk shall furnish a
copy of such list to the defendant or his counsel upon request,
but the proceedings shall not be delayed thereby.
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
Amended by Acts 1991, 72nd Leg., ch. 652, Sec. 4, eff. Sept. 1,
1991.
Art. 34.05. MECHANICAL OR ELECTRONIC SELECTION METHOD. A
mechanical or electronic method of jury selection as provided by
Chapter 62, Government Code, may be used under this chapter.
Added by Acts 1995, 74th Leg., ch. 694, Sec. 1, eff. Sept. 1,
1995.
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