Sec. 1. (a) The jury venire called by a court may be used in civil or criminal cases.
(b) If a defendant is charged with:
(1) murder or a Level 1, Level 2, Level 3, Level 4, or Level 5 felony, the jury shall consist of twelve (12) qualified jurors unless the defendant and prosecuting attorney agree to a lesser number; or
(2) any other crime, the jury shall consist of six (6) qualified jurors.