Section 1128 Of Chapter 2. The Trial From California Penal Code >> Title 7. >> Part 2. >> Chapter 2.
1128
. After hearing the charge, the jury may either decide in court
or may retire for deliberation. If they do not agree without
retiring for deliberation, an officer shall be sworn to keep them
together for deliberation in some private and convenient place, and,
during the deliberation, not to permit any person to speak to or
communicate with them, including any form of electronic or wireless
communication, nor to do so himself or herself, unless by order of
the court, or to ask them whether they have agreed upon a verdict,
and to return them into court when they have so agreed, or when
ordered by the court. The court shall fix the time and place for
deliberation. The jurors shall not deliberate on the case except
under those circumstances. If the jurors are permitted by the court
to separate, the court shall properly admonish them as provided in
subdivision (b) of Section 1122. If the jury is composed of both men
and women, and the jurors are not permitted by the court to separate,
in the event that it becomes necessary to retire for the night, the
women shall be kept in a room or rooms separate and apart from the
men.