PMWJ S.B. 1083 75(R)BILL ANALYSIS JUDICIAL AFFAIRS S.B. 1083 By: Barrientos (Rhodes) 4-9-97 Committee Report (Unamended) BACKGROUND The 72nd Legislature revised the Government Code to address problems justices of the peace were facing with selecting and summoning petit juries by giving the justices the option of using either sheriffs or constables to summon a jury. The operation of justice courts would be further streamlined if constables, as the chief process officer of the justice courts, were given the authority to draw names from the jury wheel. In the 73rd Legislature, Regular Session, constables were given the authority to serve summons for jury service for justice courts, but were not given similar authority to summon additional prospective jurors if the justice of the peace determines the jury pool is not large enough. Granting constables this authority would expedite the operation of justice courts because constables are normally present during justice court proceedings. PURPOSE This bill grants constables the authority to participate with the district clerk in the drawing of names of prospective jurors from the jury wheel for justice court juries. In addition, SB 1083 would give constables the authority to summon additional prospective jurors on the day of the trial if ordered to do so by the justice of the peace. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 62.004 (a)-(d) of the Government Code as follows: Additions to Subsecs. (a)-(c) include the constable in the list of authorized individuals to draw names from the jury wheel, and an addition to Subsec. (d) authorizes a deputy to represent a constable at the drawing. SECTION 2 amends Section 62.015(b) of the Government Code to grant the constable authority to summon additional prospective jurors to provide the requisite number of jurors for the panel. SECTION 3. Emergency clause. Effective date.