Art. 35.23. JURORS MAY SEPARATE.  The court may adjourn veniremen to any day of the term.  When jurors have been sworn in a felony case, the court may, at its discretion, permit the jurors to separate until the court has given its charge to the jury.  The court on its own motion may and on the motion of either party shall, after having given its charge to the jury, order that the jury not be allowed to separate, after which the jury shall be kept together, and not permitted to separate except to the extent of housing female jurors separate and apart from male jurors, until a verdict has been rendered or the jury finally discharged.  Any person who makes known to the jury which party made the motion not to allow separation of the jury shall be punished for contempt of court.  If such jurors are kept overnight, facilities shall be provided for female jurors separate and apart from the facilities provided for male jurors.  In misdemeanor cases the court may, at its discretion, permit the jurors to separate at any time before the verdict.  In any case in which the jury is permitted to separate, the court shall first give the jurors proper instructions with regard to their conduct as jurors when so separated.
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.


Amended by Acts 1989, 71st Leg., ch. 825, Sec. 1, eff. Sept. 1, 1989.