Bill not drafted by TLC or Senate E&E.

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      By Hinojosa                                     H.B. No. 2288

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the manner in which grand jurors are selected.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Chapter 19, Code of Criminal Procedure, is

 1-5     amended to read as follows:

 1-6                 CHAPTER 19.  ORGANIZATION OF THE GRAND JURY

 1-7           Art. 19.01.  Grand Jury Pool. [Appointment of jury

 1-8     commissioners; selection without jury commission][.  (a)]  The

 1-9     district judge, at or during any term of court, shall [appoint not

1-10     less than three, nor more than five persons to perform the duties

1-11     of jury commissioners, and shall cause the sheriff to notify them

1-12     of their appointment, and when and where they are to appear.  The

1-13     district judge shall, in the order appointing such commissioners,

1-14     designate whether such commissioners shall serve during the term at

1-15     which selected or for the next succeeding term.  Such commissioners

1-16     shall receive as compensation for each day or part thereof they may

1-17     serve the sum of Ten Dollars, and they shall possess the following

1-18     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 under

 2-9     Subchapter A, Chapter 62, Government Code.  The judge shall try the

2-10     qualifications for and excuses from service as a grand juror and

2-11     impanel the completed grand jury [in the same manner as provided

2-12     for grand jurors selected by a jury commission].

2-13           [Art. 19.02.  ][Notified of appointment][.  The judge shall cause

2-14     the proper officer to notify such appointees of such appointment,

2-15     and when and where they are to appear.]

2-16           [Art. 19.03.  ][Oath of commissioners][.  When the appointees

2-17     appear before the judge, he shall administer to them the following

2-18     oath:  "You do swear faithfully to discharge the duties required of

2-19     you as jury commissioners; that you will not knowingly elect any

2-20     man as juryman whom you believe to be unfit and not qualified; that

2-21     you will not make known to any one the name of any juryman selected

2-22     by you and reported to the court; that you will not, directly or

2-23     indirectly, converse with any one selected by you as a juryman

2-24     concerning the merits of any case to be tried at the next term of

2-25     this court, until after said cause may be tried or continued, or

2-26     the jury discharged".]

2-27           [Art. 19.04.  ][Instructed][.  The jury commissioners, after they

2-28     have been organized and sworn, shall be instructed by the judge in

2-29     their duties and shall then retire in charge of the sheriff to a

2-30     suitable room to be secured by the sheriff for that purpose.  The

 3-1     clerk shall furnish them the necessary stationery, the names of

 3-2     those appearing from the records of the court to be exempt or

 3-3     disqualified from serving on the jury at each term, and the last

 3-4     assessment roll of the county.]

 3-5           [Art. 19.05.  ][Kept free from intrusion][.  The jury

 3-6     commissioners shall be kept free from the intrusion of any person

 3-7     during their session, and shall not separate without leave of the

 3-8     court until they complete their duties.]

 3-9           [Art. 19.06.  ][Shall select grand jurors][.  The jury

3-10     commissioners shall select not less than 15 nor more than 20

3-11     persons from the citizens of the county to be summoned as grand

3-12     jurors for the next term of court, or the term of court for which

3-13     said commissioners were selected to serve, as directed in the order

3-14     of the court selecting the commissioners.  The commissioners shall,

3-15     to the extent possible, select grand jurors who the commissioners

3-16     determine represent a broad cross-section of the population of the

3-17     county, considering the factors of race, sex, and age.]

3-18           Art. 19.32 [19.07].  Extension beyond term of period for

3-19     which grand jurors shall sit.  If prior to the expiration of the

3-20     term for which the grand jury was impaneled, it is made to appear

3-21     by a declaration of the foreman or of a majority of the grand

3-22     jurors in open court, that the investigation by the grand jury of

3-23     the matters before it cannot be concluded before the expiration of

3-24     the term, the judge of the district court in which said grand jury

3-25     was impaneled may, by the entry of an order on the minutes of said

3-26     court, extend, from time to time, for the purpose of concluding the

3-27     investigation of matters then before it, the period during which

3-28     said grand jury shall sit, for not to exceed a total of ninety days

3-29     after the expiration of the term for which it was impaneled, and

3-30     all indictments pertaining thereto returned by the grand jury

 4-1     within said extended period shall be as valid as if returned before

 4-2     the expiration of the term.  The extension of the term of a grand

 4-3     jury under this article does not affect the provisions of this

 4-4     chapter [Article 19.06] relating to the selection and summoning of

 4-5     grand jurors for each regularly scheduled term.

 4-6           Art. 19.11 [19.08].  Qualifications.  No person shall be

 4-7     selected or serve as a grand juror who does not possess the

 4-8     following qualifications:

 4-9                 1.  He must be a citizen of the state, and of the

4-10     county in which he is to serve, and be qualified under the

4-11     Constitution and laws to vote in said county, provided that his

4-12     failure to register to vote shall not be held to disqualify him in

4-13     this instance;

4-14                 2.  He must be of sound mind and good moral character;

4-15                 3.  He must be able to read and write;

4-16                 4.  He must not have been convicted of any felony;

4-17                 5.  He must not be under indictment or other legal

4-18     accusation for theft or of any felony;

4-19                 6.  He must not be related within the third degree of

4-20     consanguinity or second degree of affinity, as determined under

4-21     Chapter 573, Government Code, to any person selected to serve or

4-22     serving on the same grand jury;

4-23                 7.  He must not have served as grand juror or jury

4-24     commissioner in the year before the date on which the term of court

4-25     for which he has been selected as grand juror begins;

4-26                 8.  He must not be a complainant in any matter to be

4-27     heard by the grand jury during the term of court for which he has

4-28     been selected as a grand juror.

4-29           [Art. 19.09.  ][Names returned][.  The names of those selected as

4-30     grand jurors by the commissioners shall be written upon a paper;

 5-1     and the fact that they were so selected shall be certified and

 5-2     signed by the jury commissioners, who shall place said paper, so

 5-3     certified and signed, in an envelope, and seal the same, and

 5-4     endorse thereon the words, "The list of grand jurors selected at

 5-5      . . . . . .  term of the district court", the blank being for the

 5-6     month and year in which the term of the court began its session.

 5-7     The commissioners shall write their names across the seal of said

 5-8     envelope, direct the same to the district judge and deliver it to

 5-9     him in open court.]

5-10           [Art. 19.10.  ][List to clerk][.  The judge shall deliver the

5-11     envelope containing the list of grand jurors to the clerk or one of

5-12     his deputies in open court without opening the same.]

5-13           [Art. 19.11.  ][Oath to clerk][.  Before the list of grand jurors

5-14     is delivered to the clerk, the judge shall administer to the clerk

5-15     and each of his deputies in open court the following oath:  "You do

5-16     swear that you will not open the jury lists now delivered you, nor

5-17     permit them to be opened until the time prescribed by law; that you

5-18     will not, directly or indirectly, converse with any one selected as

5-19     a juror concerning any case or proceeding which may come before

5-20     such juror for trial in this court at its next term".]

5-21           [Art. 19.12.  ][Deputy clerk sworn][.  Should the clerk

5-22     subsequently appoint a deputy, such clerk shall administer to him

5-23     the same oath, at the time of such appointment.]

5-24           Art. 19.02 [19.13].  Clerk shall Deliver List [open lists].

5-25     The grand jury may be convened on the first or any subsequent day

5-26     of the term.  The judge shall designate the day on which the grand

5-27     jury is to be impaneled and notify the clerk of such date; and

5-28     within thirty days of such date, and not before, the clerk shall

5-29     [open the envelope containing the list of grand jurors,] make out a

5-30     copy of the names of the panel [those] selected under Article 19.01

 6-1     as prospective grand jurors, certify to it under his official seal,

 6-2     note thereon the day for which they are to be summoned, and deliver

 6-3     it to the sheriff.

 6-4           Art. 19.03 [19.14].  Summoning.  The sheriff shall summon the

 6-5     persons named in the panel list at least three days, exclusive of

 6-6     the day of service, prior to the day on which the grand jury is to

 6-7     be impaneled, by giving personal notice to each prospective juror

 6-8     of the time and place when and where he is to attend as a

 6-9     prospective grand juror, or by leaving at his place of residence

6-10     with a member of his family over sixteen years old, a written

6-11     notice to such prospective juror that he has been selected as a

6-12     prospective grand juror, and the time and place when and where he

6-13     is to attend; or the judge, at his election, may direct the sheriff

6-14     to summon the prospective grand jurors by registered or certified

6-15     mail.

6-16           Art. 19.04 [19.15].  Return of officer.  The officer

6-17     executing such summons shall return the list on or before the day

6-18     on which the grand jury is to be impaneled, with a certificate

6-19     thereon of the date and manner of service upon each prospective

6-20     juror.  If any of said prospective jurors have not been summoned,

6-21     he shall also state in his certificate the reason why they have not

6-22     been summoned.

6-23           Art. 19.05 [19.16].  Absent Prospective juror fined.  A

6-24     prospective juror legally summoned, failing to attend without a

6-25     reasonable excuse, may, by order of the court entered on the

6-26     record, be fined not less than ten dollars nor more than one

6-27     hundred dollars.

6-28           Art. 19.06 [19.17].  Failure to select.  If for any reason a

6-29     grand jury shall not be selected or summoned prior to the

6-30     commencement of any term of court, or when none of those summoned

 7-1     shall attend, the district judge may at any time after the

 7-2     commencement of the term, in his discretion, direct that a panel be

 7-3     selected and summoned as provided by Article 19.01 [a writ to be

 7-4     issued to the sheriff commanding him to summon a jury commission,

 7-5     selected by the court, which commission shall select twenty

 7-6     persons, as provided by law, who shall serve as grand jurors].

 7-7           Art. 19.07 [19.18].  If less than twelve attend.  When less

 7-8     than twelve of those summoned to serve as grand jurors are found to

 7-9     be in attendance and qualified to so serve, the court shall order

7-10     that [the sheriff to summon] such additional number of persons as

7-11     may be deemed necessary to constitute a grand jury of twelve

7-12     persons be selected and summoned.

7-13           Art. 19.08 [19.19].  Jurors to attend forthwith.  The

7-14     prospective jurors provided for in the two preceding Articles shall

7-15     be summoned in person to attend before the court forthwith; unless

7-16     the judge, at his election directs the sheriff to summon the

7-17     prospective grand jurors by registered or certified mail.

7-18           Art. 19.09 [19.20].  To summon qualified persons.  Upon

7-19     directing that prospective jurors be selected and summoned, [the

7-20     sheriff to summon grand jurors not selected by the jury

7-21     commissioners], the court shall instruct [him] that [he must

7-22     summon] no person be summoned to serve as a grand juror who does

7-23     not possess the qualifications prescribed by law.

7-24           Art. 19.10 [19.21].  To test qualifications.  When as many as

7-25     twelve persons summoned to serve as grand jurors are in attendance

7-26     upon the court, it shall proceed to test their qualifications as

7-27     such.

7-28           Art. 19.12 [19.22].  Interrogated.  Each person who is

7-29     presented to serve as a grand juror shall, before being impaneled,

7-30     be interrogated on oath by the court or under his direction,

 8-1     touching his qualifications.

 8-2           Art. 19.13 [19.23].  Mode of test.  In trying the

 8-3     qualifications of any person to serve as a grand juror, he shall be

 8-4     asked:

 8-5                 1.  Are you a citizen of this state and county, and

 8-6     qualified to vote in this county, under the Constitution and laws

 8-7     of this state?

 8-8                 2.  Are you able to read and write?

 8-9                 3.  Have you ever been convicted of a felony?

8-10                 4.  Are you under indictment or other legal accusation

8-11     for theft or for any felony?

8-12           Art. 19.14 [19.24].  Qualified juror accepted.  When, by the

8-13     answer of the person, it appears to the court that he is a

8-14     qualified juror, he shall be accepted as such, unless it be shown

8-15     that he is not of sound mind or of good moral character, or unless

8-16     it be shown that he is in fact not qualified to serve as a grand

8-17     juror.

8-18           Art. 19.15 [19.25].  Excuses from service.  Any person

8-19     summoned who does not possess the requisite qualifications shall be

8-20     excused by the court from serving.  The following qualified persons

8-21     may be excused from grand jury service:

8-22                 (1)  a person older than 65 years;

8-23                 (2)  a person responsible for the care of a child

8-24     younger than 18 years;

8-25                 (3)  a student of a public or private secondary school;

8-26                 (4)  a person enrolled and in actual attendance at an

8-27     institution of higher education; and

8-28                 (5)  any other person that the court determines has a

8-29     reasonable excuse from service.

8-30           Art. 19.16 [19.26].  Jury impaneled.  When twelve qualified

 9-1     jurors are found to be present, the court shall proceed to impanel

 9-2     them as a grand jury, unless a challenge is made, which may be to

 9-3     the array or to any particular person presented to serve as a grand

 9-4     juror.

 9-5           Art. 19.17 [19.27].  Any person may challenge.  Before the

 9-6     grand jury has been impaneled, any person may challenge the array

 9-7     of jurors or any person presented as a grand juror.  In no other

 9-8     way shall objections to the qualifications and legality of the

 9-9     grand jury be heard.   Any person confined in jail in the county

9-10     shall upon his request be brought into court to make such

9-11     challenge.

9-12           Art. 19.18 [19.28].  "Array".        By the "array" of grand

9-13     jurors is meant the whole body of persons summoned to serve as such

9-14     before they have been impaneled.

9-15           Art. 19.19 [19.29].  "Impaneled" and "panel".  A grand juror

9-16     is said to be "impaneled" after his qualifications have been tried

9-17     and he has been sworn.  By "panel" is meant the whole body of

9-18     prospective grand jurors.

9-19           Art. 19.20 [19.30].  CHALLENGE TO "ARRAY".  A challenge to

9-20     the "array" shall be made in writing for these causes only:

9-21                 1.  That those summoned as grand jurors are not in fact

9-22     those selected by the method provided by Article 19.01 [(b) of this

9-23     chapter or by the jury commissioners]; and

9-24                 2.  In case of grand jurors summoned by order of the

9-25     court, that the officer who summoned them had acted corruptly in

9-26     summoning any one or more of them.

9-27           Art. 19.21 [19.31].  Challenge to juror.  A challenge to a

9-28     particular grand juror may be made orally for the following causes

9-29     only:

9-30                 1.  That he is not a qualified juror; and

 10-1                2.  That he is the prosecutor upon an accusation

 10-2    against the person making the challenge.

 10-3          Art. 19.22 [19.32].  Summarily decided.  When a challenge to

 10-4    the array or to any individual has been made, the court shall hear

 10-5    proof and decide in a summary manner whether the challenge be

 10-6    well-founded or not.

 10-7          Art. 19.23 [19.33].  Other jurors summoned.  The court shall

 10-8    order another grand jury to be selected and summoned if the

 10-9    challenge to the array be sustained, or order the panel to be

10-10    completed if by challenge to any particular grand juror their

10-11    number be reduced below twelve.

10-12          Art. 19.24 [19.34].  Oath of grand jurors.  When the grand

10-13    jury is completed, the court shall appoint one of the number

10-14    foreman; and the following oath shall be administered by the court,

10-15    or under its direction, to the jurors:  "You solemnly swear that

10-16    you will diligently inquire into, and true presentment make, of all

10-17    such matters and things as shall be given you in charge; the

10-18    State's counsel, your fellows and your own, you shall keep secret,

10-19    unless required to disclose the same in the course of a judicial

10-20    proceeding in which the truth or falsity of evidence given in the

10-21    grand jury room, in a criminal case, shall be under investigation.

10-22    You shall present no person from envy, hatred or malice; neither

10-23    shall you leave any person unpresented for love, fear, favor,

10-24    affection or hope of reward; but you shall present things truly as

10-25    they come to your knowledge, according to the best of your

10-26    understanding, so help you God".

10-27          Art. 19.25 [19.35].  To instruct jury.  The court shall

10-28    instruct the grand jury as to their duty.

10-29          Art. 19.26 [19.36].  Bailiffs appointed.  The court and the

10-30    district attorney may each appoint one or more bailiffs to attend

 11-1    upon the grand jury, and at the time of appointment, the following

 11-2    oath shall be administered to each of them by the court, or under

 11-3    its direction:  "You solemnly swear that you will faithfully and

 11-4    impartially perform all the duties of bailiff of the grand jury,

 11-5    and that you will keep secret the proceedings of the grand jury, so

 11-6    help you God".  Such bailiffs shall be compensated in a sum to be

 11-7    set by the commissioners court of said county.

 11-8          Art. 19.27 [19.37].  Bailiff's duties.  A bailiff is to obey

 11-9    the instructions of the foreman, to summon all witnesses, and

11-10    generally, to perform all such duties as the foreman may require of

11-11    him.  One bailiff shall be always with the grand jury, if two or

11-12    more are appointed.

11-13          Art. 19.28 [19.38].  Bailiff violating duty.  No bailiff

11-14    shall take part in the discussions or deliberations of the grand

11-15    jury nor be present when they are discussing or voting upon a

11-16    question.  The grand jury shall report to the court any violation

11-17    of duty by a bailiff and the court may punish him for such

11-18    violation as for contempt.

11-19          Art. 19.29 [19.39].  Another foreman appointed.  If the

11-20    foreman of the grand jury is from any cause absent or unable or

11-21    disqualified to act, the court shall appoint in his place some

11-22    other member of the body.

11-23          Art. 19.30 [19.40].  Quorum.  Nine members shall be a quorum

11-24    for the purpose of discharging any duty or exercising any right

11-25    properly belonging to the grand jury.

11-26          Art. 19.31 [19.41].  Reassembled.  A grand jury discharged by

11-27    the court for the term may be reassembled by the court at any time

11-28    during the term.  If one or more of them fail to reassemble, the

11-29    court may complete the panel by impaneling other men in their stead

11-30    in accordance with the rules provided in this Chapter for

 12-1    completing the grand jury in the first instance.

 12-2          SECTION 2.  (a)  The change in law made by this Act applies

 12-3    only to the selection of grand jurors for a term of court that

 12-4    begins on or after the effective date of this Act.  The selection

 12-5    of grand jurors for a term of court that begins before the

 12-6    effective date of this Act is governed by the law in effect when

 12-7    the term begins, and the former law is continued in effect for that

 12-8    purpose.

 12-9          (b)  The change in law made by this Act does not affect the

12-10    validity or authority of a grand jury selected before the effective

12-11    date of this Act.

12-12          SECTION 3.  This Act takes effect September 1, 1997.

12-13          SECTION 4.  The importance of this legislation and the

12-14    crowded condition of the calendars in both houses create an

12-15    emergency and an imperative public necessity that the

12-16    constitutional rule requiring bills to be read on three several

12-17    days in each house be suspended, and this rule is hereby suspended.