By: Gallego H.B. No. 380
73R293 CLG-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the selection 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 convicted of any felony;
1-17 5. He must not be under indictment or other legal
1-18 accusation for theft or of any felony;
1-19 6. He must not be related within the third degree of
1-20 consanguinity or second degree of affinity, as determined under
1-21 Article 5996h, Revised Statutes, to any person selected to serve or
1-22 serving on the same grand jury;
1-23 7. He must not have served as grand juror or jury
1-24 commissioner during <in> the two years <year> before the date on
2-1 which the term of court for which he has been selected as grand
2-2 juror begins;
2-3 8. He must not be a complainant in any matter to be
2-4 heard by the grand jury during the term of court for which he has
2-5 been selected as a grand juror.
2-6 SECTION 2. (a) The change in law made by this Act applies
2-7 only to grand jury selections made on or after the effective date
2-8 of this Act. For purposes of this section, a selection is made
2-9 before the effective date of this Act if any element of the
2-10 selection process occurs before the effective date.
2-11 (b) A grand jury selection made before the effective date of
2-12 this Act is governed by the law in effect on the date the selection
2-13 process began, and the former law is continued in effect for that
2-14 purpose.
2-15 SECTION 3. This Act takes effect September 1, 1993.
2-16 SECTION 4. The importance of this legislation and the
2-17 crowded condition of the calendars in both houses create an
2-18 emergency and an imperative public necessity that the
2-19 constitutional rule requiring bills to be read on three several
2-20 days in each house be suspended, and this rule is hereby suspended.