By: Goolsby H.B. No. 69
73R953 GWK-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the qualifications required of grand jurors.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Article 19.08, Code of Criminal Procedure, is
1-5 amended to read as follows:
1-6 Art. 19.08. Qualifications. No person shall be selected or
1-7 serve as a grand juror who does not possess the following
1-8 qualifications:
1-9 1. He must be a citizen of the state, and of the
1-10 county in which he is to serve, and be qualified under the
1-11 Constitution and laws to vote in said county, provided that his
1-12 failure to register to vote shall not be held to disqualify him in
1-13 this instance;
1-14 2. He must be of sound mind and good moral character;
1-15 3. He must be able to read and write;
1-16 4. He must not have been granted deferred adjudication
1-17 arising from the prosecution of any misdemeanor involving moral
1-18 turpitude or any felony;
1-19 5. He must not have been convicted of any misdemeanor
1-20 involving moral turpitude or any felony, regardless of whether the
1-21 sentence was probated;
1-22 6. <5.> He must not be under indictment or other legal
1-23 accusation for theft or of any felony;
1-24 7. <6.> He must not be related within the third degree
2-1 of consanguinity or second degree of affinity, as determined under
2-2 Article 5996h, Revised Statutes, to any person selected to serve or
2-3 serving on the same grand jury;
2-4 8. <7.> He must not have served as grand juror or jury
2-5 commissioner in the year before the date on which the term of court
2-6 for which he has been selected as grand juror begins;
2-7 9. <8.> He must not be a complainant in any matter to
2-8 be heard by the grand jury during the term of court for which he
2-9 has been selected as a grand juror.
2-10 SECTION 2. (a) The change in law made by this Act applies
2-11 only to grand juror selections made on or after the effective date
2-12 of this Act. For purposes of this section, a selection is made
2-13 before the effective date of this Act if any element of the
2-14 selection process occurs before the effective date.
2-15 (b) A selection made before the effective date of this Act
2-16 is covered by the law in effect when the selection process began,
2-17 and the former law is continued in effect for that purpose.
2-18 SECTION 3. This Act takes effect September 1, 1993.
2-19 SECTION 4. The importance of this legislation and the
2-20 crowded condition of the calendars in both houses create an
2-21 emergency and an imperative public necessity that the
2-22 constitutional rule requiring bills to be read on three several
2-23 days in each house be suspended, and this rule is hereby suspended.