SRC-TJG, JLB S.B. 802 78(R)BILL ANALYSIS


Senate Research CenterS.B. 802
By: Janek
Jurisprudence
8/15/2003
Enrolled


DIGEST AND PURPOSE 

Currently, an impaneled grand jury consists of 12 qualified grand jurors
and two qualified alternates.  Alternate grand jurors may be used as
permanent replacements upon the legal disqualification of one of the
original 12 grand jurors but may not be used to replace those grand jurors
who are unavailable due to other circumstances, such as illness or
infirmity.  Since a grand jury requires a quorum of nine of the original
12 members to conduct business, the unavailability of one or more grand
jurors due to death, illness, infirmity, or other cause can make it
impossible to carry out the duties of the grand jury, thereby causing
delays in the administration of justice and increasing costs to local
jurisdictions holding defendants in jail who are unable to make bail
pending the resolution of their cases.  S.B. 802 allows alternate grand
jurors to serve when a grand juror becomes unavailable due to death or the
then-existing physical or mental illness or infirmity of the juror. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Article 19.26(b), Code of Criminal Procedure, to
provide that the grand jury is composed of not more than twelve qualified
jurors.  Requires the court, in addition, to qualify and impanel not more
than two alternates to serve on disqualification or unavailability of a
juror during the term of the grand jury.  Requires the attorney
representing the state, on learning that a grand juror has become
disqualified or unavailable during the term of the grand jury, to prepare
an order for the court identifying the disqualified or unavailable juror,
stating the basis for the disqualification or unavailability, dismissing
the disqualified or unavailable juror from the grand jury, and naming one
of the alternates as a member of the grand jury.  Authorizes the procedure
established by this subsection to be used on disqualification or
unavailability of a second grand juror during the term of the grand jury.
Provides that for purposes of this subsection, a juror is unavailable if
the juror is unable to participate fully in the duties of the grand jury
because of the death of the juror or a physical or mental illness of the
juror. 

SECTION 2.  Makes application of this Act prospective.

SECTION 3.  Effective date:  September 1, 2003.