By: Lucio S.B. No. 1523
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the manner in which grand jurors are selected.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Chapter 19, Code of Criminal Procedure, is
1-4 amended to read as follows:
1-5 CHAPTER 19. ORGANIZATION OF THE GRAND JURY
1-6 Art. 19.01. GRAND JURY POOL. [APPOINTMENT OF JURY
1-7 COMMISSIONERS; SELECTION WITHOUT JURY COMMISSION. (a)] The
1-8 district judge, at or during any term of court, shall [appoint not
1-9 less than three, nor more than five persons to perform the duties
1-10 of jury commissioners, and shall cause the sheriff to notify them
1-11 of their appointment, and when and where they are to appear. The
1-12 district judge shall, in the order appointing such commissioners,
1-13 designate whether such commissioners shall serve during the term at
1-14 which selected or for the next succeeding term. Such commissioners
1-15 shall receive as compensation for each day or part thereof they may
1-16 serve the sum of Ten Dollars, and they shall possess the following
1-17 qualifications:]
1-18 [1. Be intelligent citizens of the county and able to
1-19 read and write the English language;]
1-20 [2. Be qualified jurors in the county;]
1-21 [3. Have no suit in said court which requires
2-1 intervention of a jury;]
2-2 [4. Be residents of different portions of the county;
2-3 and]
2-4 [5. The same person shall not act as jury commissioner
2-5 more than once in any 12-month period.]
2-6 [(b) In lieu of the selection of prospective jurors by means
2-7 of a jury commission, the district judge may] direct that 20 to 75
2-8 prospective grand jurors be selected and summoned, with return on
2-9 summons, in the same manner as for the selection and summons of
2-10 panels for the trial of civil cases in the district courts under
2-11 Subchapter A, Chapter 62, Government Code. The judge shall try the
2-12 qualifications for and excuses from service as a grand juror and
2-13 impanel the completed grand jury [in the same manner as provided
2-14 for grand jurors selected by a jury commission].
2-15 [Art. 19.02. NOTIFIED OF APPOINTMENT. The judge shall cause
2-16 the proper officer to notify such appointees of such appointment,
2-17 and when and where they are to appear.]
2-18 [Art. 19.03. OATH OF COMMISSIONERS. When the appointees
2-19 appear before the judge, he shall administer to them the following
2-20 oath: "You do swear faithfully to discharge the duties required of
2-21 you as jury commissioners; that you will not knowingly elect any
2-22 man as juryman whom you believe to be unfit and not qualified; that
2-23 you will not make known to any one the name of any juryman selected
2-24 by you and reported to the court; that you will not, directly or
2-25 indirectly, converse with any one selected by you as a juryman
3-1 concerning the merits of any case to be tried at the next term of
3-2 this court, until after said cause may be tried or continued, or
3-3 the jury discharged".]
3-4 [Art. 19.04. INSTRUCTED. The jury commissioners, after they
3-5 have been organized and sworn, shall be instructed by the judge in
3-6 their duties and shall then retire in charge of the sheriff to a
3-7 suitable room to be secured by the sheriff for that purpose. The
3-8 clerk shall furnish them the necessary stationery, the names of
3-9 those appearing from the records of the court to be exempt or
3-10 disqualified from serving on the jury at each term, and the last
3-11 assessment roll of the county.]
3-12 [Art. 19.05. KEPT FREE FROM INTRUSION. The jury
3-13 commissioners shall be kept free from the intrusion of any person
3-14 during their session, and shall not separate without leave of the
3-15 court until they complete their duties.]
3-16 [Art. 19.06. SHALL SELECT GRAND JURORS. The jury
3-17 commissioners shall select not less than 15 nor more than 20
3-18 persons from the citizens of the county to be summoned as grand
3-19 jurors for the next term of court, or the term of court for which
3-20 said commissioners were selected to serve, as directed in the order
3-21 of the court selecting the commissioners. The commissioners shall,
3-22 to the extent possible, select grand jurors who the commissioners
3-23 determine represent a broad cross-section of the population of the
3-24 county, considering the factors of race, sex, and age.]
3-25 Art. 19.32 [19.07]. EXTENSION BEYOND TERM OF PERIOD FOR
4-1 WHICH GRAND JURORS SHALL SIT. If prior to the expiration of the
4-2 term for which the grand jury was impaneled, it is made to appear
4-3 by a declaration of the foreman or of a majority of the grand
4-4 jurors in open court, that the investigation by the grand jury of
4-5 the matters before it cannot be concluded before the expiration of
4-6 the term, the judge of the district court in which said grand jury
4-7 was impaneled may, by the entry of an order on the minutes of said
4-8 court, extend, from time to time, for the purpose of concluding the
4-9 investigation of matters then before it, the period during which
4-10 said grand jury shall sit, for not to exceed a total of ninety days
4-11 after the expiration of the term for which it was impaneled, and
4-12 all indictments pertaining thereto returned by the grand jury
4-13 within said extended period shall be as valid as if returned before
4-14 the expiration of the term. The extension of the term of a grand
4-15 jury under this article does not affect the provisions of this
4-16 chapter [Article 19.06] relating to the selection and summoning of
4-17 grand jurors for each regularly scheduled term.
4-18 Art. 19.11 [19.08]. QUALIFICATIONS. No person shall be
4-19 selected or serve as a grand juror who does not possess the
4-20 following qualifications:
4-21 1. He must be a citizen of the state, and of the
4-22 county in which he is to serve, and be qualified under the
4-23 Constitution and laws to vote in said county, provided that his
4-24 failure to register to vote shall not be held to disqualify him in
4-25 this instance;
5-1 2. He must be of sound mind and good moral character;
5-2 3. He must be able to read and write;
5-3 4. He must not have been convicted of any felony;
5-4 5. He must not be under indictment or other legal
5-5 accusation for theft or of any felony;
5-6 6. He must not be related within the third degree of
5-7 consanguinity or second degree of affinity, as determined under
5-8 Chapter 573, Government Code, to any person selected to serve or
5-9 serving on the same grand jury;
5-10 7. He must not have served as grand juror or jury
5-11 commissioner in the year before the date on which the term of court
5-12 for which he has been selected as grand juror begins;
5-13 8. He must not be a complainant in any matter to be
5-14 heard by the grand jury during the term of court for which he has
5-15 been selected as a grand juror.
5-16 [Art. 19.09. NAMES RETURNED. The names of those selected as
5-17 grand jurors by the commissioners shall be written upon a paper;
5-18 and the fact that they were so selected shall be certified and
5-19 signed by the jury commissioners, who shall place said paper, so
5-20 certified and signed, in an envelope, and seal the same, and
5-21 endorse thereon the words, "The list of grand jurors selected at
5-22 . . . . . . term of the district court", the blank being for the
5-23 month and year in which the term of the court began its session.
5-24 The commissioners shall write their names across the seal of said
5-25 envelope, direct the same to the district judge and deliver it to
6-1 him in open court.]
6-2 [Art. 19.10. LIST TO CLERK. The judge shall deliver the
6-3 envelope containing the list of grand jurors to the clerk or one of
6-4 his deputies in open court without opening the same.]
6-5 [Art. 19.11. OATH TO CLERK. Before the list of grand jurors
6-6 is delivered to the clerk, the judge shall administer to the clerk
6-7 and each of his deputies in open court the following oath: "You do
6-8 swear that you will not open the jury lists now delivered you, nor
6-9 permit them to be opened until the time prescribed by law; that you
6-10 will not, directly or indirectly, converse with any one selected as
6-11 a juror concerning any case or proceeding which may come before
6-12 such juror for trial in this court at its next term".]
6-13 [Art. 19.12. DEPUTY CLERK SWORN. Should the clerk
6-14 subsequently appoint a deputy, such clerk shall administer to him
6-15 the same oath, at the time of such appointment.]
6-16 Art. 19.02 [19.13]. CLERK SHALL DELIVER LIST [OPEN LISTS].
6-17 The grand jury may be convened on the first or any subsequent day
6-18 of the term. The judge shall designate the day on which the grand
6-19 jury is to be impaneled and notify the clerk of such date; and
6-20 within thirty days of such date, and not before, the clerk shall
6-21 [open the envelope containing the list of grand jurors,] make out a
6-22 copy of the names of the panel [those] selected under Article 19.01
6-23 as prospective grand jurors, certify to it under his official seal,
6-24 note thereon the day for which they are to be summoned, and deliver
6-25 it to the sheriff.
7-1 Art. 19.03 [19.14]. SUMMONING. The sheriff shall summon the
7-2 persons named in the panel list at least three days, exclusive of
7-3 the day of service, prior to the day on which the grand jury is to
7-4 be impaneled, by giving personal notice to each prospective juror
7-5 of the time and place when and where he is to attend as a
7-6 prospective grand juror, or by leaving at his place of residence
7-7 with a member of his family over sixteen years old, a written
7-8 notice to such prospective juror that he has been selected as a
7-9 prospective grand juror, and the time and place when and where he
7-10 is to attend; or the judge, at his election, may direct the sheriff
7-11 to summon the prospective grand jurors by registered or certified
7-12 mail.
7-13 Art. 19.04 [19.15]. RETURN OF OFFICER. The officer
7-14 executing such summons shall return the list on or before the day
7-15 on which the grand jury is to be impaneled, with a certificate
7-16 thereon of the date and manner of service upon each prospective
7-17 juror. If any of said prospective jurors have not been summoned,
7-18 he shall also state in his certificate the reason why they have not
7-19 been summoned.
7-20 Art. 19.05 [19.16]. ABSENT PROSPECTIVE JUROR FINED. A
7-21 prospective juror legally summoned, failing to attend without a
7-22 reasonable excuse, may, by order of the court entered on the
7-23 record, be fined not less than ten dollars nor more than one
7-24 hundred dollars.
7-25 Art. 19.06 [19.17]. FAILURE TO SELECT. If for any reason a
8-1 grand jury shall not be selected or summoned prior to the
8-2 commencement of any term of court, or when none of those summoned
8-3 shall attend, the district judge may at any time after the
8-4 commencement of the term, in his discretion, direct that a panel be
8-5 selected and summoned as provided by Article 19.01 [a writ to be
8-6 issued to the sheriff commanding him to summon a jury commission,
8-7 selected by the court, which commission shall select twenty
8-8 persons, as provided by law, who shall serve as grand jurors].
8-9 Art. 19.07 [19.18]. IF LESS THAN TWELVE ATTEND. When less
8-10 than twelve of those summoned to serve as grand jurors are found to
8-11 be in attendance and qualified to so serve, the court shall order
8-12 that [the sheriff to summon] such additional number of persons as
8-13 may be deemed necessary to constitute a grand jury of twelve
8-14 persons be selected and summoned.
8-15 Art. 19.08 [19.19]. JURORS TO ATTEND FORTHWITH. The
8-16 prospective jurors provided for in the two preceding Articles shall
8-17 be summoned in person to attend before the court forthwith; unless
8-18 the judge, at his election, directs the sheriff to summon the
8-19 prospective grand jurors by registered or certified mail.
8-20 Art. 19.09 [19.20]. TO SUMMON QUALIFIED PERSONS. Upon
8-21 directing that prospective jurors be selected and summoned, [the
8-22 sheriff to summon grand jurors not selected by the jury
8-23 commissioners], the court shall instruct [him] that [he must
8-24 summon] no person be summoned to serve as a grand juror who does
8-25 not possess the qualifications prescribed by law.
9-1 Art. 19.10 [19.21]. TO TEST QUALIFICATIONS. When as many as
9-2 twelve persons summoned to serve as grand jurors are in attendance
9-3 upon the court, it shall proceed to test their qualifications as
9-4 such.
9-5 Art. 19.12 [19.22]. INTERROGATED. Each person who is
9-6 presented to serve as a grand juror shall, before being impaneled,
9-7 be interrogated on oath by the court or under his direction,
9-8 touching his qualifications.
9-9 Art. 19.13 [19.23]. MODE OF TEST. In trying the
9-10 qualifications of any person to serve as a grand juror, he shall be
9-11 asked:
9-12 1. Are you a citizen of this state and county, and
9-13 qualified to vote in this county, under the Constitution and laws
9-14 of this state?
9-15 2. Are you able to read and write?
9-16 3. Have you ever been convicted of a felony?
9-17 4. Are you under indictment or other legal accusation
9-18 for theft or for any felony?
9-19 Art. 19.14 [19.24]. QUALIFIED JUROR ACCEPTED. When, by the
9-20 answer of the person, it appears to the court that he is a
9-21 qualified juror, he shall be accepted as such, unless it be shown
9-22 that he is not of sound mind or of good moral character, or unless
9-23 it be shown that he is in fact not qualified to serve as a grand
9-24 juror.
9-25 Art. 19.15 [19.25]. EXCUSES FROM SERVICE. Any person
10-1 summoned who does not possess the requisite qualifications shall be
10-2 excused by the court from serving. The following qualified persons
10-3 may be excused from grand jury service:
10-4 (1) a person older than 65 years;
10-5 (2) a person responsible for the care of a child
10-6 younger than 18 years;
10-7 (3) a student of a public or private secondary school;
10-8 (4) a person enrolled and in actual attendance at an
10-9 institution of higher education; and
10-10 (5) any other person that the court determines has a
10-11 reasonable excuse from service.
10-12 Art. 19.16 [19.26]. JURY IMPANELED. When twelve qualified
10-13 jurors are found to be present, the court shall proceed to impanel
10-14 them as a grand jury, unless a challenge is made, which may be to
10-15 the array or to any particular person presented to serve as a grand
10-16 juror.
10-17 Art. 19.17 [19.27]. ANY PERSON MAY CHALLENGE. Before the
10-18 grand jury has been impaneled, any person may challenge the array
10-19 of jurors or any person presented as a grand juror. In no other
10-20 way shall objections to the qualifications and legality of the
10-21 grand jury be heard. Any person confined in jail in the county
10-22 shall upon his request be brought into court to make such
10-23 challenge.
10-24 Art. 19.18 [19.28]. "ARRAY". By the "array" of grand jurors
10-25 is meant the whole body of persons summoned to serve as such before
11-1 they have been impaneled.
11-2 Art. 19.19 [19.29]. "IMPANELED" AND "PANEL". A grand juror
11-3 is said to be "impaneled" after his qualifications have been tried
11-4 and he has been sworn. By "panel" is meant the whole body of
11-5 prospective grand jurors.
11-6 Art. 19.20 [19.30]. CHALLENGE TO "ARRAY". A challenge to
11-7 the "array" shall be made in writing for these causes only:
11-8 1. That those summoned as grand jurors are not in fact
11-9 those selected by the method provided by Article 19.01[(b) of this
11-10 chapter or by the jury commissioners]; and
11-11 2. In case of grand jurors summoned by order of the
11-12 court, that the officer who summoned them had acted corruptly in
11-13 summoning any one or more of them.
11-14 Art. 19.21 [19.31]. CHALLENGE TO JUROR. A challenge to a
11-15 particular grand juror may be made orally for the following causes
11-16 only:
11-17 1. That he is not a qualified juror; and
11-18 2. That he is the prosecutor upon an accusation
11-19 against the person making the challenge.
11-20 Art. 19.22 [19.32]. SUMMARILY DECIDED. When a challenge to
11-21 the array or to any individual has been made, the court shall hear
11-22 proof and decide in a summary manner whether the challenge be
11-23 well-founded or not.
11-24 Art. 19.23 [19.33]. OTHER JURORS SUMMONED. The court shall
11-25 order another grand jury to be selected and summoned if the
12-1 challenge to the array be sustained, or order the panel to be
12-2 completed if by challenge to any particular grand juror their
12-3 number be reduced below twelve.
12-4 Art. 19.24 [19.34]. OATH OF GRAND JURORS. When the grand
12-5 jury is completed, the court shall appoint one of the number
12-6 foreman; and the following oath shall be administered by the court,
12-7 or under its direction, to the jurors: "You solemnly swear that
12-8 you will diligently inquire into, and true presentment make, of all
12-9 such matters and things as shall be given you in charge; the
12-10 State's counsel, your fellows and your own, you shall keep secret,
12-11 unless required to disclose the same in the course of a judicial
12-12 proceeding in which the truth or falsity of evidence given in the
12-13 grand jury room, in a criminal case, shall be under investigation.
12-14 You shall present no person from envy, hatred or malice; neither
12-15 shall you leave any person unpresented for love, fear, favor,
12-16 affection or hope of reward; but you shall present things truly as
12-17 they come to your knowledge, according to the best of your
12-18 understanding, so help you God".
12-19 Art. 19.25 [19.35]. TO INSTRUCT JURY. The court shall
12-20 instruct the grand jury as to their duty.
12-21 Art. 19.26 [19.36]. BAILIFFS APPOINTED. The court and the
12-22 district attorney may each appoint one or more bailiffs to attend
12-23 upon the grand jury, and at the time of appointment, the following
12-24 oath shall be administered to each of them by the court, or under
12-25 its direction: "You solemnly swear that you will faithfully and
13-1 impartially perform all the duties of bailiff of the grand jury,
13-2 and that you will keep secret the proceedings of the grand jury, so
13-3 help you God". Such bailiffs shall be compensated in a sum to be
13-4 set by the commissioners court of said county.
13-5 Art. 19.27 [19.37]. BAILIFF'S DUTIES. A bailiff is to obey
13-6 the instructions of the foreman, to summon all witnesses, and
13-7 generally, to perform all such duties as the foreman may require of
13-8 him. One bailiff shall be always with the grand jury, if two or
13-9 more are appointed.
13-10 Art. 19.28 [19.38]. BAILIFF VIOLATING DUTY. No bailiff
13-11 shall take part in the discussions or deliberations of the grand
13-12 jury nor be present when they are discussing or voting upon a
13-13 question. The grand jury shall report to the court any violation
13-14 of duty by a bailiff and the court may punish him for such
13-15 violation as for contempt.
13-16 Art. 19.29 [19.39]. ANOTHER FOREMAN APPOINTED. If the
13-17 foreman of the grand jury is from any cause absent or unable or
13-18 disqualified to act, the court shall appoint in his place some
13-19 other member of the body.
13-20 Art. 19.30 [19.40]. QUORUM. Nine members shall be a quorum
13-21 for the purpose of discharging any duty or exercising any right
13-22 properly belonging to the grand jury.
13-23 Art. 19.31 [19.41]. REASSEMBLED. A grand jury discharged by
13-24 the court for the term may be reassembled by the court at any time
13-25 during the term. If one or more of them fail to reassemble, the
14-1 court may complete the panel by impaneling other men in their stead
14-2 in accordance with the rules provided in this Chapter for
14-3 completing the grand jury in the first instance.
14-4 SECTION 2. (a) The change in law made by this Act applies
14-5 only to the selection of grand jurors for a term of court that
14-6 begins on or after the effective date of this Act. The selection
14-7 of grand jurors for a term of court that begins before the
14-8 effective date of this Act is governed by the law in effect when
14-9 the term begins, and the former law is continued in effect for that
14-10 purpose.
14-11 (b) The change in law made by this Act does not affect the
14-12 validity or authority of a grand jury selected before the effective
14-13 date of this Act.
14-14 SECTION 3. This Act takes effect September 1, 1997.
14-15 SECTION 4. The importance of this legislation and the
14-16 crowded condition of the calendars in both houses create an
14-17 emergency and an imperative public necessity that the
14-18 constitutional rule requiring bills to be read on three several
14-19 days in each house be suspended, and this rule is hereby suspended.