By: Duncan S.B. No. 216
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the disqualification of a person convicted of theft
1-2 from selection or service 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. (a) The change in law made by this Act applies
2-7 only to grand juror selections made on or after the effective date
2-8 of this Act. For purposes of this section, a selection is made
2-9 before the effective date of this Act if any element of the
2-10 selection process occurs before the effective date.
2-11 (b) A selection made before the effective date of this Act
2-12 is covered by the law in effect when the selection process began,
2-13 and the former law is continued in effect for that purpose.
2-14 SECTION 3. This Act takes effect September 1, 1999.
2-15 SECTION 4. The importance of this legislation and the
2-16 crowded condition of the calendars in both houses create an
2-17 emergency and an imperative public necessity that the
2-18 constitutional rule requiring bills to be read on three several
2-19 days in each house be suspended, and this rule is hereby suspended.