1-1 By: Lucio S.B. No. 1523 1-2 (In the Senate - Filed March 13, 1997; March 20, 1997, read 1-3 first time and referred to Committee on Criminal Justice; 1-4 May 8, 1997, reported adversely, with favorable Committee 1-5 Substitute by the following vote: Yeas 4, Nays 0; May 8, 1997, 1-6 sent to printer.) 1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 1523 By: Shapleigh 1-8 A BILL TO BE ENTITLED 1-9 AN ACT 1-10 relating to the manner in which grand jurors are selected in 1-11 certain counties. 1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-13 SECTION 1. Part I, Code of Criminal Procedure, is amended by 1-14 adding Chapter 19A to read as follows: 1-15 CHAPTER 19A. ORGANIZATION OF THE GRAND JURY IN CERTAIN COUNTIES 1-16 Art. 19A.01. APPLICABILITY. This chapter applies to 1-17 counties that have a population of more than 250,000 but less than 1-18 575,000 that border the United Mexican States. 1-19 Art. 19A.02. GRAND JURY POOL. The district judge, at or 1-20 during any term of court, shall direct that 20 to 75 prospective 1-21 grand jurors be selected and summoned, with return on summons, in 1-22 the same manner as for the selection and summons of panels for the 1-23 trial of civil cases in the district courts under Subchapter A, 1-24 Chapter 62, Government Code. The judge shall try the 1-25 qualifications for and excuses from service as a grand juror and 1-26 impanel the completed grand jury. 1-27 Art. 19A.03. CLERK SHALL DELIVER LIST. The grand jury may 1-28 be convened on the first or any subsequent day of the term. The 1-29 judge shall designate the day on which the grand jury is to be 1-30 impaneled and notify the clerk of such date; and within 30 days of 1-31 such date, and not before, the clerk shall make out a copy of the 1-32 names of the panel selected under Article 19A.02 of this chapter as 1-33 prospective grand jurors, certify to it under the clerk's official 1-34 seal, note thereon the day for which they are to be summoned, and 1-35 deliver it to the sheriff. 1-36 Art. 19A.04. SUMMONING. The sheriff shall summon the 1-37 persons named in the panel list at least three days, exclusive of 1-38 the day of service, prior to the day on which the grand jury is to 1-39 be impaneled by giving personal notice to each prospective juror of 1-40 the time and place when and where the person is to attend as a 1-41 prospective grand juror or by leaving at the person's place of 1-42 residence, with a family member over 16 years old, a written notice 1-43 to such person that the person has been selected as a prospective 1-44 grand juror and the time and place when and where the person is to 1-45 attend; or the judge, at the judge's election, may direct the 1-46 sheriff to summon the prospective grand jurors by registered or 1-47 certified mail. 1-48 Art. 19A.05. RETURN OF OFFICER. The officer executing such 1-49 summons shall return the list on or before the day on which the 1-50 grand jury is to be impaneled, with a certificate thereon of the 1-51 date and manner of service on each prospective juror. If any of 1-52 said prospective jurors have not been summoned, the officer shall 1-53 also state in the certificate the reason for the failure of such 1-54 summons. 1-55 Art. 19A.06. ABSENT PROSPECTIVE JUROR FINED. A prospective 1-56 juror legally summoned, failing to attend without a reasonable 1-57 excuse, may, by order of the court entered on the record, be fined 1-58 not less than $10 nor more than $100. 1-59 Art. 19A.07. FAILURE TO SELECT. If for any reason a grand 1-60 jury shall not be selected or summoned prior to the commencement of 1-61 any term of court, or when none of those summoned shall attend, the 1-62 district judge may at any time after the commencement of the term, 1-63 at the judge's discretion, direct that a panel be selected and 1-64 summoned as provided by Article 19A.02 of this chapter. 2-1 Art. 19A.08. IF LESS THAN 12 ATTEND. When less than 12 of 2-2 those summoned to serve as grand jurors are found to be in 2-3 attendance and qualified to so serve, the court shall order that 2-4 such additional number of persons as may be deemed necessary to 2-5 constitute a grand jury of 12 persons be selected and summoned. 2-6 Art. 19A.09. JURORS TO ATTEND FORTHWITH. The prospective 2-7 jurors provided for in Articles 19A.07 and 19A.08 of this chapter 2-8 shall be summoned in person to attend before the court forthwith; 2-9 unless the judge, at the judge's election, directs the sheriff to 2-10 summon the prospective grand jurors by registered or certified 2-11 mail. 2-12 Art. 19A.10. TO SUMMON QUALIFIED PERSONS. On directing that 2-13 prospective jurors be selected and summoned, the court shall 2-14 instruct that no person be summoned to serve as a grand juror who 2-15 does not possess the qualifications prescribed by law. 2-16 Art. 19A.11. TO TEST QUALIFICATIONS. When as many as 12 2-17 persons summoned to serve as grand jurors are in attendance on the 2-18 court, the court shall proceed to test their qualifications as 2-19 such. 2-20 Art. 19A.12. QUALIFICATIONS. No person shall be selected or 2-21 serve as a grand juror unless the person: 2-22 (1) is a citizen of the state, and of the county in 2-23 which the person is to serve, and is qualified under the 2-24 constitution and laws to vote in said county, provided that the 2-25 failure to register to vote shall not be held to disqualify the 2-26 person in this instance; 2-27 (2) is of sound mind and good moral character; 2-28 (3) is able to read and write; 2-29 (4) has not been convicted of any felony; 2-30 (5) is not under indictment or other legal accusation 2-31 for theft or of any felony; 2-32 (6) is not related within the third degree of 2-33 consanguinity or second degree of affinity, as determined under 2-34 Chapter 573, Government Code, to any person selected to serve or 2-35 serving on the same grand jury; 2-36 (7) has not served as grand juror or jury commissioner 2-37 in the year before the date on which the term of court for which 2-38 the person has been selected as grand juror begins; and 2-39 (8) is not a complainant in any matter to be heard by 2-40 the grand jury during the term of court for which the person has 2-41 been selected as a grand juror. 2-42 Art. 19A.13. INTERROGATED. Each person who is presented to 2-43 serve as a grand juror shall, before being impaneled, be 2-44 interrogated on oath by the court, or under the court's direction, 2-45 touching the person's qualifications. 2-46 Art. 19A.14. MODE OF TEST. In trying the qualifications of 2-47 any person to serve as a grand juror, the person shall be asked: 2-48 (1) Are you a citizen of this state and county, and 2-49 qualified to vote in this county, under the constitution and laws 2-50 of this state? 2-51 (2) Are you able to read and write? 2-52 (3) Have you ever been convicted of a felony? 2-53 (4) Are you under indictment or other legal accusation 2-54 for theft or for any felony? 2-55 Art. 19A.15. QUALIFIED JUROR ACCEPTED. When, by the answer 2-56 of the person, it appears to the court that the person is a 2-57 qualified juror, the person shall be accepted as such, unless it be 2-58 shown that the person is not of sound mind or of good moral 2-59 character, or unless it be shown that the person is in fact not 2-60 qualified to serve as a grand juror. 2-61 Art. 19A.16. EXCUSES FROM SERVICE. Any person summoned who 2-62 does not possess the requisite qualifications shall be excused by 2-63 the court from serving. The following qualified persons may be 2-64 excused from grand jury service: 2-65 (1) a person older than 65 years; 2-66 (2) a person responsible for the care of a child 2-67 younger than 18 years; 2-68 (3) a student of a public or private secondary school; 2-69 (4) a person enrolled and in actual attendance at an 3-1 institution of higher education; and 3-2 (5) any other person that the court determines has a 3-3 reasonable excuse from service. 3-4 Art. 19A.17. JURY IMPANELED. When 12 qualified jurors are 3-5 found to be present, the court shall proceed to impanel them as a 3-6 grand jury, unless a challenge is made, which may be to the array 3-7 or to any particular person presented to serve as a grand juror. 3-8 Art. 19A.18. ANY PERSON MAY CHALLENGE. Before the grand 3-9 jury has been impaneled, any person may challenge the array of 3-10 jurors or any person presented as a grand juror. In no other way 3-11 shall objections to the qualifications and legality of the grand 3-12 jury be heard. Any person confined in jail in the county shall on 3-13 the person's request be brought into court to make such challenge. 3-14 Art. 19A.19. "ARRAY." By the "array" of grand jurors is 3-15 meant the whole body of persons summoned to serve as such before 3-16 they have been impaneled. 3-17 Art. 19A.20. "IMPANELED" AND "PANEL." A grand juror is said 3-18 to be "impaneled" after the juror's qualifications have been tried 3-19 and the juror has been sworn. By "panel" is meant the whole body 3-20 of prospective grand jurors. 3-21 Art. 19A.21. CHALLENGE TO "ARRAY." A challenge to the 3-22 "array" shall be made in writing for these causes only: 3-23 (1) that those summoned as grand jurors are not in 3-24 fact those selected by the method provided by Article 19A.02 of 3-25 this chapter; and 3-26 (2) in case of grand jurors summoned by order of the 3-27 court, that the officer who summoned them acted corruptly in 3-28 summoning any one or more of them. 3-29 Art. 19A.22. CHALLENGE TO JUROR. A challenge to a 3-30 particular grand juror may be made orally for the following causes 3-31 only: 3-32 (1) that the person is not a qualified juror; and 3-33 (2) that the person is the prosecutor on an accusation 3-34 against the person making the challenge. 3-35 Art. 19A.23. SUMMARILY DECIDED. When a challenge to the 3-36 array or to any individual has been made, the court shall hear 3-37 proof and decide in a summary manner whether the challenge be 3-38 well-founded or not. 3-39 Art. 19A.24. OTHER JURORS SUMMONED. The court shall order 3-40 another grand jury to be selected and summoned if the challenge to 3-41 the array is sustained or order the panel to be completed if by 3-42 challenge to any particular grand juror their number is reduced 3-43 below 12. 3-44 Art. 19A.25. OATH OF GRAND JURORS. When the grand jury is 3-45 completed, the court shall appoint one of the grand jurors as 3-46 foreman; and the following oath shall be administered by the court, 3-47 or under its direction, to the jurors: "You solemnly swear that 3-48 you will diligently inquire into, and true presentment make, of all 3-49 such matters and things as shall be given you in charge; the 3-50 state's counsel, your fellows', and your own, you shall keep 3-51 secret, unless required to disclose the same in the course of a 3-52 judicial proceeding in which the truth or falsity of evidence given 3-53 in the grand jury room, in a criminal case, shall be under 3-54 investigation. You shall present no person from envy, hatred, or 3-55 malice; neither shall you leave any person unpresented for love, 3-56 fear, favor, affection, or hope of reward; but you shall present 3-57 things truly as they come to your knowledge according to the best 3-58 of your understanding, so help you God." 3-59 Art. 19A.26. TO INSTRUCT JURY. The court shall instruct the 3-60 grand jury as to their duty. 3-61 Art. 19A.27. BAILIFFS APPOINTED. The court and the district 3-62 attorney may each appoint one or more bailiffs to attend on the 3-63 grand jury, and at the time of appointment, the following oath 3-64 shall be administered to each of them by the court, or under its 3-65 direction: "You solemnly swear that you will faithfully and 3-66 impartially perform all the duties of bailiff of the grand jury and 3-67 that you will keep secret the proceedings of the grand jury, so 3-68 help you God." Such bailiffs shall be compensated in a sum to be 3-69 set by the commissioners court of said county. 4-1 Art. 19A.28. BAILIFF'S DUTIES. A bailiff is to obey the 4-2 instructions of the foreman, to summon all witnesses, and, 4-3 generally, to perform all such duties as the foreman may require of 4-4 the bailiff. One bailiff shall be always with the grand jury if 4-5 two or more bailiffs are appointed. 4-6 Art. 19A.29. BAILIFF VIOLATING DUTY. No bailiff shall take 4-7 part in the discussions or deliberations of the grand jury nor be 4-8 present when they are discussing or voting on a question. The 4-9 grand jury shall report to the court any violation of duty by a 4-10 bailiff and the court may punish the bailiff for such violation as 4-11 for contempt. 4-12 Art. 19A.30. ANOTHER FOREMAN APPOINTED. If the foreman of 4-13 the grand jury is from any cause absent or unable or disqualified 4-14 to act, the court shall appoint in the person's place some other 4-15 member of the body. 4-16 Art. 19A.31. QUORUM. Nine members shall be a quorum for the 4-17 purpose of discharging any duty or exercising any right properly 4-18 belonging to the grand jury. 4-19 Art. 19A.32. REASSEMBLED. A grand jury discharged by the 4-20 court for the term may be reassembled by the court at any time 4-21 during the term. If one or more of them fail to reassemble, the 4-22 court may complete the panel by impaneling other persons in their 4-23 stead in accordance with the rules provided in this chapter for 4-24 completing the grand jury in the first instance. 4-25 Art. 19A.33. EXTENSION BEYOND TERM OF PERIOD FOR WHICH GRAND 4-26 JURORS SHALL SIT. If prior to the expiration of the term for which 4-27 the grand jury was impaneled, it is made to appear by a declaration 4-28 of the foreman or of a majority of the grand jurors in open court 4-29 that the investigation by the grand jury of the matters before it 4-30 cannot be concluded before the expiration of the term, the judge of 4-31 the district court in which the grand jury was impaneled may, by 4-32 the entry of an order on the minutes of the court, extend, from 4-33 time to time, for the purpose of concluding the investigation of 4-34 matters then before it, the period during which the grand jury 4-35 shall sit, not to exceed a total of 90 days after the expiration of 4-36 the term for which it was impaneled, and all indictments pertaining 4-37 thereto returned by the grand jury within the extended period shall 4-38 be as valid as if returned before the expiration of the term. The 4-39 extension of the term of a grand jury under this article does not 4-40 affect the provisions of this chapter relating to the selection and 4-41 summoning of grand jurors for each regularly scheduled term. 4-42 SECTION 2. Chapter 19, Code of Criminal Procedure, is 4-43 amended by adding Article 19.42 to read as follows: 4-44 Art. 19.42. APPLICABILITY. This chapter does not apply to 4-45 the selection of grand jurors in counties to which Chapter 19A of 4-46 this code applies. 4-47 SECTION 3. (a) The change in law made by this Act applies 4-48 only to the selection of grand jurors for a term of court that 4-49 begins on or after the effective date of this Act. The selection 4-50 of grand jurors for a term of court that begins before the 4-51 effective date of this Act is governed by the law in effect when 4-52 the term begins, and the former law is continued in effect for that 4-53 purpose. 4-54 (b) The change in law made by this Act does not affect the 4-55 validity or authority of a grand jury selected before the effective 4-56 date of this Act. 4-57 SECTION 4. This Act takes effect September 1, 1997. 4-58 SECTION 5. The importance of this legislation and the 4-59 crowded condition of the calendars in both houses create an 4-60 emergency and an imperative public necessity that the 4-61 constitutional rule requiring bills to be read on three several 4-62 days in each house be suspended, and this rule is hereby suspended. 4-63 * * * * *