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.

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