Bill not drafted by TLC or Senate E&E.
Line and page numbers may not match official copy.
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.