House Bill No. by Representative Knox amends Code of Criminal Procedure Article 812 to enhance the procedures for jury polling in cases where a verdict is reached and in instances where a mistrial is declared. The bill stipulates that the court must order the clerk to poll the jury if requested by either the state or the defendant. The polling process will now include a written procedure where jurors will indicate their verdict on slips of paper, which will be collected and recorded by the clerk. If a sufficient number of jurors affirm the verdict, the court will record it and discharge the jury; otherwise, the jury may be remanded for further deliberation or a mistrial may be declared.
Additionally, the bill introduces a new provision for polling jurors in cases where no verdict is reached and a mistrial is declared. In such cases, the clerk will also conduct a written poll, asking jurors to indicate their verdict as "guilty," "not guilty," or "guilty of a lesser offense." The results will be collected and made available for inspection, with the option for the polling slips to be sealed by the court if necessary. This amendment aims to provide clarity and structure to the jury polling process, ensuring that both verdicts and juror opinions are properly documented and handled.