AN ACT
1-1 relating to the selection of a person as a grand juror or the
1-2 service by a person as a grand juror.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Article 19.08, Code of Criminal Procedure, is
1-5 amended to read as follows:
1-6 Art. 19.08. QUALIFICATIONS. No person shall be selected or
1-7 serve as a grand juror who does not possess the following
1-8 qualifications:
1-9 1. He must be a citizen of the state, and of the
1-10 county in which he is to serve, and be qualified under the
1-11 Constitution and laws to vote in said county, provided that his
1-12 failure to register to vote shall not be held to disqualify him in
1-13 this instance;
1-14 2. He must be of sound mind and good moral character;
1-15 3. He must be able to read and write;
1-16 4. He must not have been convicted of theft or of any
1-17 felony;
1-18 5. He must not be under indictment or other legal
1-19 accusation for theft or of any felony;
1-20 6. He must not be related within the third degree of
1-21 consanguinity or second degree of affinity, as determined under
1-22 Chapter 573, Government Code, to any person selected to serve or
1-23 serving on the same grand jury;
1-24 7. He must not have served as grand juror or jury
2-1 commissioner in the year before the date on which the term of court
2-2 for which he has been selected as grand juror begins;
2-3 8. He must not be a complainant in any matter to be
2-4 heard by the grand jury during the term of court for which he has
2-5 been selected as a grand juror.
2-6 SECTION 2. Article 19.25, Code of Criminal Procedure, is
2-7 amended to read as follows:
2-8 Art. 19.25. EXCUSES FROM SERVICE. Any person summoned who
2-9 does not possess the requisite qualifications shall be excused by
2-10 the court from serving. The following qualified persons may be
2-11 excused from grand jury service:
2-12 (1) a person older than 70 [65] years;
2-13 (2) a person responsible for the care of a child
2-14 younger than 18 years;
2-15 (3) a student of a public or private secondary school;
2-16 (4) a person enrolled and in actual attendance at an
2-17 institution of higher education; and
2-18 (5) any other person that the court determines has a
2-19 reasonable excuse from service.
2-20 SECTION 3. Chapter 19, Code of Criminal Procedure, is
2-21 amended by adding Article 19.42 to read as follows:
2-22 Art. 19.42. PERSONAL INFORMATION ABOUT GRAND JURORS.
2-23 (a) Except as provided by Subsection (b), information collected by
2-24 the court, court personnel, or prosecuting attorney during the
2-25 grand jury selection process about a person who serves as a grand
2-26 juror, including the person's home address, home telephone number,
3-1 social security number, driver's license number, and other personal
3-2 information, is confidential and may not be disclosed by the court,
3-3 court personnel, or prosecuting attorney.
3-4 (b) On a showing of good cause, the court shall permit
3-5 disclosure of the information sought to a party to the proceeding.
3-6 SECTION 4. (a) The changes in law made by this Act apply
3-7 only to grand juror selections made on or after the effective date
3-8 of this Act. For purposes of this section, a selection is made
3-9 before the effective date of this Act if any element of the
3-10 selection process occurs before the effective date.
3-11 (b) A selection made before the effective date of this Act
3-12 is covered by the law in effect when the selection process began,
3-13 and the former law is continued in effect for that purpose.
3-14 SECTION 5. This Act takes effect September 1, 1999.
3-15 SECTION 6. The importance of this legislation and the
3-16 crowded condition of the calendars in both houses create an
3-17 emergency and an imperative public necessity that the
3-18 constitutional rule requiring bills to be read on three several
3-19 days in each house be suspended, and this rule is hereby suspended.
S.B. No. 216
________________________________ ________________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 216 passed the Senate on
March 4, 1999, by a viva-voce vote; May 17, 1999, Senate refused to
concur in House amendment and requested appointment of Conference
Committee; May 19, 1999, House granted request of the Senate;
May 29, 1999, Senate adopted Conference Committee Report by a
viva-voce vote.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 216 passed the House, with
amendment, on March 30, 1999, by a non-record vote; May 19, 1999,
House granted request of the Senate for appointment of Conference
Committee; May 27, 1999, House adopted Conference Committee Report
by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
________________________________
Date
________________________________
Governor