This bill amends Code of Criminal Procedure Article 812 to enhance the procedures for polling juries in criminal cases. It stipulates that the court must order the clerk to poll the jury if requested by either the state or the defendant. The polling process is to be conducted in writing and in open court, with specific procedures outlined for cases where a verdict has been reached and for cases where no verdict was reached, resulting in a mistrial. The bill introduces new language that clarifies the polling process for both scenarios, including the collection and inspection of polling slips, and the conditions under which these slips may be sealed or released.
Notably, the bill adds a new subsection that details the polling procedure when a mistrial is declared, requiring jurors to indicate their verdict on a slip of paper with options for "guilty," "not guilty," or "guilty of a lesser offense." This amendment aims to provide clarity and structure to the polling process, ensuring that jurors' opinions are formally recorded even in cases where a verdict is not reached. Additionally, it includes provisions for the confidentiality of juror identities in the event that polling slips are released to the public.