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.