By: Edwards H.B. No. 1383
73R5517 DRH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the selection of a grand jury and to procedures before
1-3 the grand jury.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Articles 19.01, 19.07, 19.18, 19.19, and 19.30,
1-6 Code of Criminal Procedure, are amended to read as follows:
1-7 Art. 19.01. <APPOINTMENT OF JURY COMMISSIONERS;> SELECTION
1-8 <WITHOUT JURY COMMISSION>. <(a)> The district judge, for <at or
1-9 during> any term of court for which a grand jury is required, shall
1-10 <appoint not less than three, nor more than five persons to perform
1-11 the duties of jury commissioners, and shall cause the sheriff to
1-12 notify them of their appointment, and when and where they are to
1-13 appear. The district judge shall, in the order appointing such
1-14 commissioners, designate whether such commissioners shall serve
1-15 during the term at which selected or for the next succeeding term.
1-16 Such commissioners shall receive as compensation for each day or
1-17 part thereof they may serve the sum of Ten Dollars, and they shall
1-18 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) In lieu of the selection of prospective jurors by means
2-5 of a jury commission, the district judge may> direct that 20 to 75
2-6 prospective grand jurors be selected and summoned, with return on
2-7 summons, in the same manner as for the selection and summons of
2-8 panels for the trial of civil cases in the district courts. <The
2-9 judge shall try the qualifications for and excuses from service as
2-10 a grand juror and impanel the completed grand jury in the same
2-11 manner as provided for grand jurors selected by a jury commission.>
2-12 Art. 19.07. EXTENSION BEYOND TERM OF PERIOD FOR WHICH GRAND
2-13 JURORS SHALL SIT. If prior to the expiration of the term for which
2-14 the grand jury was impaneled, it is made to appear by a declaration
2-15 of the foreman or of a majority of the grand jurors in open court,
2-16 that the investigation by the grand jury of the matters before it
2-17 cannot be concluded before the expiration of the term, the judge of
2-18 the district court in which said grand jury was impaneled may, by
2-19 the entry of an order on the minutes of said court, extend, from
2-20 time to time, for the purpose of concluding the investigation of
2-21 matters then before it, the period during which said grand jury
2-22 shall sit, for not to exceed a total of ninety days after the
2-23 expiration of the term for which it was impaneled, and all
2-24 indictments pertaining thereto returned by the grand jury within
2-25 said extended period shall be as valid as if returned before the
2-26 expiration of the term. The extension of the term of a grand jury
2-27 under this article does not affect the provisions of Article 19.01
3-1 of this code <19.06> relating to the selection and summoning of
3-2 grand jurors for each regularly scheduled term.
3-3 Art. 19.18. IF LESS THAN TWELVE ATTEND. When less than
3-4 twelve of those summoned to serve as grand jurors are found to be
3-5 in attendance and qualified to so serve, the court shall direct
3-6 that the additional number of persons as the court considers
3-7 necessary to constitute a grand jury of twelve persons be selected
3-8 in the manner prescribed by Article 19.01 of this code <order the
3-9 sheriff to summon such additional number of persons as may be
3-10 deemed necessary to constitute a grand jury of twelve persons>.
3-11 Art. 19.19. JURORS TO ATTEND FORTHWITH. The jurors provided
3-12 for in Article 19.18 of this code <the two preceding Articles>
3-13 shall be summoned in person to attend before the court forthwith.
3-14 Art. 19.30. CHALLENGE TO "ARRAY." (a) A challenge to the
3-15 "array" shall be made in writing.
3-16 (b) A challenge is valid <for these causes> only on the
3-17 grounds that<:>
3-18 <1. That> those summoned as grand jurors are not in
3-19 fact those selected by the method provided by Article 19.01
3-20 <19.01(b)> of this chapter <or by the jury commissioners; and>
3-21 <2. In case of grand jurors summoned by order of the
3-22 court, that the officer who summoned them had acted corruptly in
3-23 summoning any one or more of them>.
3-24 SECTION 2. Articles 19.02, 19.03, 19.04, 19.05, 19.06,
3-25 19.09, 19.10, 19.11, 19.12, 19.13, 19.14, 19.15, 19.17, and 19.20,
3-26 Code of Criminal Procedure, are repealed.
3-27 SECTION 3. (a) The change in law made by this Act applies
4-1 only to the selection of grand jurors for a term of court that
4-2 begins on or after the effective date of this Act. The selection
4-3 of grand jurors for a term of court that begins before the
4-4 effective date of this Act is governed by the law in effect when
4-5 the term begins, and the former law is continued in effect for that
4-6 purpose.
4-7 (b) The change in law made by this Act does not affect the
4-8 validity or authority of a grand jury selected before the effective
4-9 date of this Act.
4-10 SECTION 4. This Act takes effect September 1, 1993.
4-11 SECTION 5. The importance of this legislation and the
4-12 crowded condition of the calendars in both houses create an
4-13 emergency and an imperative public necessity that the
4-14 constitutional rule requiring bills to be read on three several
4-15 days in each house be suspended, and this rule is hereby suspended.