By Capelo H.B. No. 3230
76R9035 PEP-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the selection of alternate jurors to serve during the
1-3 term of a grand jury.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Article 19.18, Code of Criminal Procedure, is
1-6 amended to read as follows:
1-7 Art. 19.18. IF LESS THAN FOURTEEN [TWELVE] ATTEND. When
1-8 less than fourteen [twelve] of those summoned to serve as grand
1-9 jurors are found to be in attendance and qualified to so serve, the
1-10 court shall order the sheriff to summon such additional number of
1-11 persons as may be deemed necessary to constitute a grand jury of
1-12 twelve persons and two alternates.
1-13 SECTION 2. Article 19.21, Code of Criminal Procedure, is
1-14 amended to read as follows:
1-15 Art. 19.21. TO TEST QUALIFICATIONS. When as many as
1-16 fourteen [twelve] persons summoned to serve as grand jurors are in
1-17 attendance upon the court, it shall proceed to test their
1-18 qualifications as such.
1-19 SECTION 3. Article 19.26, Code of Criminal Procedure, is
1-20 amended to read as follows:
1-21 Art. 19.26. JURY IMPANELED. (a) When fourteen [twelve]
1-22 qualified jurors are found to be present, the court shall proceed
1-23 to impanel the [them as a] grand jury, unless a challenge is made,
1-24 which may be to the array or to any particular person presented to
2-1 serve as a grand juror or an alternate.
2-2 (b) The grand jury is composed of not more than twelve
2-3 qualified jurors. In addition, the court shall qualify and impanel
2-4 not more than two alternates to serve on disqualification of a
2-5 juror during the term of the grand jury. On learning that a grand
2-6 juror has become disqualified during the term of the grand jury,
2-7 the attorney representing the state shall prepare an order for the
2-8 court identifying the disqualified juror, stating the basis for the
2-9 disqualification, dismissing the disqualified juror from the grand
2-10 jury, and naming one of the alternates as a member of the grand
2-11 jury. The procedure established by this subsection may be used on
2-12 disqualification of a second grand juror during the term of the
2-13 grand jury.
2-14 SECTION 4. Article 19.41, Code of Criminal Procedure, is
2-15 amended to read as follows:
2-16 Art. 19.41. REASSEMBLED. A grand jury discharged by the
2-17 court for the term may be reassembled by the court at any time
2-18 during the term. [If one or more of them fail to reassemble, the
2-19 court may complete the panel by impaneling other men in their stead
2-20 in accordance with the rules provided in this Chapter for
2-21 completing the grand jury in the first instance.]
2-22 SECTION 5. The change in law made by this Act applies only
2-23 to a grand jury that is impaneled on or after the effective date of
2-24 this Act. A grand jury that is impaneled before the effective date
2-25 of this Act is covered by the law in effect when the jury was
2-26 impaneled, and the former law is continued in effect for that
2-27 purpose.
3-1 SECTION 6. This Act takes effect September 1, 1999.
3-2 SECTION 7. The importance of this legislation and the
3-3 crowded condition of the calendars in both houses create an
3-4 emergency and an imperative public necessity that the
3-5 constitutional rule requiring bills to be read on three several
3-6 days in each house be suspended, and this rule is hereby suspended.