1-1 By: Capelo (Senate Sponsor - Ellis) H.B. No. 3230
1-2 (In the Senate - Received from the House May 11, 1999;
1-3 May 12, 1999, read first time and referred to Committee on
1-4 Jurisprudence; May 14, 1999, reported favorably by the following
1-5 vote: Yeas 4, Nays 0; May 14, 1999, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the selection of alternate jurors to serve during the
1-9 term of a grand jury.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Article 19.18, Code of Criminal Procedure, is
1-12 amended to read as follows:
1-13 Art. 19.18. IF LESS THAN FOURTEEN [TWELVE] ATTEND. When
1-14 less than fourteen [twelve] of those summoned to serve as grand
1-15 jurors are found to be in attendance and qualified to so serve, the
1-16 court shall order the sheriff to summon such additional number of
1-17 persons as may be deemed necessary to constitute a grand jury of
1-18 twelve persons and two alternates.
1-19 SECTION 2. Article 19.21, Code of Criminal Procedure, is
1-20 amended to read as follows:
1-21 Art. 19.21. TO TEST QUALIFICATIONS. When as many as
1-22 fourteen [twelve] persons summoned to serve as grand jurors are in
1-23 attendance upon the court, it shall proceed to test their
1-24 qualifications as such.
1-25 SECTION 3. Article 19.26, Code of Criminal Procedure, is
1-26 amended to read as follows:
1-27 Art. 19.26. JURY IMPANELED. (a) When fourteen [twelve]
1-28 qualified jurors are found to be present, the court shall proceed
1-29 to impanel the [them as a] grand jury, unless a challenge is made,
1-30 which may be to the array or to any particular person presented to
1-31 serve as a grand juror or an alternate.
1-32 (b) The grand jury is composed of not more than twelve
1-33 qualified jurors. In addition, the court shall qualify and impanel
1-34 not more than two alternates to serve on disqualification of a
1-35 juror during the term of the grand jury. On learning that a grand
1-36 juror has become disqualified during the term of the grand jury,
1-37 the attorney representing the state shall prepare an order for the
1-38 court identifying the disqualified juror, stating the basis for the
1-39 disqualification, dismissing the disqualified juror from the grand
1-40 jury, and naming one of the alternates as a member of the grand
1-41 jury. The procedure established by this subsection may be used on
1-42 disqualification of a second grand juror during the term of the
1-43 grand jury.
1-44 SECTION 4. Article 19.41, Code of Criminal Procedure, is
1-45 amended to read as follows:
1-46 Art. 19.41. REASSEMBLED. A grand jury discharged by the
1-47 court for the term may be reassembled by the court at any time
1-48 during the term. [If one or more of them fail to reassemble, the
1-49 court may complete the panel by impaneling other men in their stead
1-50 in accordance with the rules provided in this Chapter for
1-51 completing the grand jury in the first instance.]
1-52 SECTION 5. The change in law made by this Act applies only
1-53 to a grand jury that is impaneled on or after the effective date of
1-54 this Act. A grand jury that is impaneled before the effective date
1-55 of this Act is covered by the law in effect when the jury was
1-56 impaneled, and the former law is continued in effect for that
1-57 purpose.
1-58 SECTION 6. This Act takes effect September 1, 1999.
1-59 SECTION 7. The importance of this legislation and the
1-60 crowded condition of the calendars in both houses create an
1-61 emergency and an imperative public necessity that the
1-62 constitutional rule requiring bills to be read on three several
1-63 days in each house be suspended, and this rule is hereby suspended.
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