Sec. 432.077. NUMBER OF VOTES REQUIRED    


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  • (a) A person may be convicted of an offense only by the concurrence of two-thirds of the members present when the vote is taken.

    (b) All sentences shall be determined by the concurrence of two-thirds of the members present at the time the vote is taken.

    (c) All other questions to be decided by the members of a general or special court-martial shall be determined by a majority vote. A tie vote on a challenge disqualifies the member challenged, but a determination to reconsider a finding of guilty or to reconsider a sentence for the purpose of reducing it may be made by a lesser vote that indicates that the reconsideration is not opposed by the number of votes required for that finding or sentence. A tie vote on a motion for a finding of not guilty or on a motion relating to the question of the accused's sanity is a determination against the accused. A tie vote on any other question is a determination in favor of the accused.

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.