1. When the court in its discretion so directs, except as provided in Section 2, the state and defendant shall conduct the voir dire examination of prospective jurors in the presence of the entire panel.
2. In a capital felony case in which the State seeks the death penalty, the court shall propound to the entire panel of prospective jurors questions concerning the principles, as applicable to the case on trial, of reasonable doubt, burden of proof, return of indictment by grand jury, presumption of innocence, and opinion. Then, on demand of the State or defendant, either is entitled to examine each juror on voir dire individually and apart from the entire panel, and may further question the juror on the principles propounded by the court.
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966. Amended by Acts 1973, 63rd Leg., p. 1127, ch. 426, art. 3, Sec. 5, eff. June 14, 1973.
Subsec. 2 amended by Acts 1991, 72nd Leg., ch. 652, Sec. 6, eff. Sept. 1, 1991.
Structure Texas Statutes
Title 1 - Code of Criminal Procedure
Chapter 35 - Formation of the Jury
Article 35.02. Sworn to Answer Questions
Article 35.04. Claiming Exemption
Article 35.05. Excused by Consent
Article 35.06. Challenge to Array First Heard
Article 35.07. Challenge to the Array
Article 35.08. When Challenge Is Sustained
Article 35.09. List of New Venire
Article 35.10. Court to Try Qualifications
Article 35.11. Preparation of List
Article 35.12. Mode of Testing
Article 35.13. Passing Juror for Challenge
Article 35.14. A Peremptory Challenge
Article 35.15. Number of Challenges
Article 35.16. Reasons for Challenge for Cause
Article 35.17. Voir Dire Examination
Article 35.18. Other Evidence on Challenge
Article 35.19. Absolute Disqualification
Article 35.20. Names Called in Order
Article 35.21. Judge to Decide Qualifications
Article 35.23. Jurors May Separate
Article 35.25. Making Peremptory Challenge
Article 35.26. Lists Returned to Clerk
Article 35.261. Peremptory Challenges Based on Race Prohibited