By: Gallego H.B. No. 375
73R653 DRH-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the selection of a grand jury in a county with a
1-3 population of less than 100,000.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Article 19.01, Code of Criminal Procedure, is
1-6 amended to read as follows:
1-7 Art. 19.01. Appointment of Jury Commissioners; Selection
1-8 Without Jury Commission. (a) The district judge in a county with
1-9 a population of 100,000 or more, at or during any term of court,
1-10 shall appoint not less than three, nor more than five persons to
1-11 perform the duties of jury commissioners, and shall cause the
1-12 sheriff to notify them of their appointment, and when and where
1-13 they are to appear. The district judge shall, in the order
1-14 appointing such commissioners, designate whether such commissioners
1-15 shall serve during the term at which selected or for the next
1-16 succeeding term. Such commissioners shall receive as compensation
1-17 for each day or part thereof they may serve the sum of Ten Dollars,
1-18 and they shall possess the following qualifications:
1-19 1. Be intelligent citizens of the county and able to
1-20 read and write the English language;
1-21 2. Be qualified jurors in the county;
1-22 3. Have no suit in said court which requires
1-23 intervention of a jury;
1-24 4. Be residents of different portions of the county;
2-1 and
2-2 5. The same person shall not act as jury commissioner
2-3 more than once in any 12-month period.
2-4 (b)(1) In a county with a population of less than 100,000
2-5 <In lieu of the selection of prospective jurors by means of a jury
2-6 commission>, the district judge shall <may> direct that 20 to 75
2-7 prospective grand jurors be selected and summoned, with return on
2-8 summons, in the same manner as for the selection and summons of
2-9 panels for the trial of civil cases in the district courts. The
2-10 judge shall try the qualifications for and excuses from service as
2-11 a grand juror and impanel the completed grand jury in the same
2-12 manner as provided for grand jurors selected by a jury commission.
2-13 (2) In a county with a population of 100,000 or more,
2-14 the district judge may order a grand jury to be selected and
2-15 summoned in the same manner as Subsection (b)(1) of this article in
2-16 lieu of the selection of prospective jurors by means of a jury
2-17 commission.
2-18 SECTION 2. Chapter 19, Code of Criminal Procedure, is
2-19 amended by adding Article 19.011 to read as follows:
2-20 Art. 19.011. APPLICABILITY OF CERTAIN ARTICLES. Articles
2-21 19.02, 19.03, 19.04, 19.05, 19.06, 19.09, 19.10, 19.11, 19.12,
2-22 19.13, 19.14, 19.15, 19.17, and 19.20 of this code apply only to a
2-23 grand jury selected by means of a jury commission.
2-24 SECTION 3. Article 19.30, Code of Criminal Procedure, is
2-25 amended to read as follows:
2-26 Art. 19.30. Challenge to "Array." A challenge to the
2-27 "array" shall be made in writing for these causes only:
3-1 1. That those summoned as grand jurors are not in fact
3-2 those selected by the method required or permitted <provided> by
3-3 Article 19.01 <19.01(b)> of this chapter <or by the jury
3-4 commissioners>; and
3-5 2. In case of grand jurors summoned by order of the
3-6 court, that the officer who summoned them had acted corruptly in
3-7 summoning any one or more of them.
3-8 SECTION 4. (a) The change in law made by this Act applies
3-9 only to the selection of grand jurors for a term of court that
3-10 begins on or after the effective date of this Act. The selection
3-11 of grand jurors for a term of court that begins before the
3-12 effective date of this Act is governed by the law in effect when
3-13 the term begins, and the former law is continued in effect for that
3-14 purpose.
3-15 (b) The change in law made by this Act does not affect the
3-16 validity or authority of a grand jury selected before the effective
3-17 date of this Act.
3-18 SECTION 5. This Act takes effect September 1, 1993.
3-19 SECTION 6. The importance of this legislation and the
3-20 crowded condition of the calendars in both houses create an
3-21 emergency and an imperative public necessity that the
3-22 constitutional rule requiring bills to be read on three several
3-23 days in each house be suspended, and this rule is hereby suspended.