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.