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A BILL TO BE ENTITLED
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AN ACT
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relating to the qualifications and summoning of grand jurors. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 19A.052, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 19A.052. QUALIFIED PERSONS SUMMONED. On directing the |
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sheriff or clerk of the district court to summon grand jurors, the |
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court shall instruct the sheriff or clerk of the district court to |
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not summon a person to serve as a grand juror who does not possess |
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the qualifications prescribed by law. |
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SECTION 2. Article 19A.053, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 19A.053. ADDITIONAL QUALIFIED PERSONS SUMMONED. (a) |
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If fewer than 16 persons summoned to serve as grand jurors are found |
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to be in attendance and qualified to serve, the court shall order |
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the sheriff or clerk of the district court to summon an additional |
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number of persons considered necessary to constitute a grand jury |
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of 12 grand jurors and four alternate grand jurors. |
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(b) The sheriff or clerk of the district court shall summon |
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the additional prospective grand jurors under Subsection (a) in |
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person to attend before the court immediately. |
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SECTION 3. Article 19A.101, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 19A.101. GRAND JUROR QUALIFICATIONS. (a) A person may |
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be selected or serve as a grand juror only if the person: |
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(1) is at least 18 years of age; |
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(2) is a citizen of the United States; |
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(3) is a resident of this state and of the county in |
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which the person is to serve; |
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(4) is qualified under the constitution and other laws |
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to vote in the county in which the grand jury is sitting, regardless |
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of whether the person is registered to vote; |
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(5) is of sound mind and good moral character; |
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(6) is able to read and write; |
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(7) has never [not] been convicted of misdemeanor |
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theft or a felony; |
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(8) is not under indictment or other legal accusation |
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for misdemeanor theft or a felony; |
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(9) is not related within the third degree by |
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consanguinity or second degree by affinity, as determined under |
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Chapter 573, Government Code, to any person selected to serve or |
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serving on the same grand jury; |
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(10) has not served as a grand juror in the year before |
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the date on which the term of court for which the person has been |
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selected as a grand juror begins; and |
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(11) is not a complainant in any matter to be heard by |
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the grand jury during the term of court for which the person has |
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been selected as a grand juror. |
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(b) On the third business day of each month, the clerk of the |
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district court shall prepare a list of persons who in the preceding |
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month were disqualified from serving as a grand juror based on the |
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person's citizenship or indictment or conviction for misdemeanor |
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theft or a felony and send a copy of the list to the secretary of |
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state. |
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SECTION 4. This Act applies only to the summoning of grand |
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jurors on or after the effective date of this Act. The summoning of |
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grand jurors before the effective date of this Act is governed by |
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the law in effect immediately before the effective date of this Act, |
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and the former law is continued in effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2023. |