By:  Janek                                                        S.B. No. 802


A BILL TO BE ENTITLED

AN ACT

relating to the use of alternate grand jurors.                                
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subsection (b), Article 19.26, Code of Criminal 
Procedure, is amended to read as follows:
	(b)  The grand jury is composed of not more than twelve 
qualified jurors.  In addition, the court shall qualify and impanel 
not more than two alternates to serve on disqualification or 
unavailability of a juror during the term of the grand jury.  On 
learning that a grand juror has become disqualified or unavailable
during the term of the grand jury, the attorney representing the 
state shall 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.  The procedure established 
by this subsection may be used on disqualification or 
unavailability of a second grand juror during the term of the grand 
jury.  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.  This Act applies only to a grand jury impaneled 
on or after September 1, 2003.
	SECTION 3.  This Act takes effect September 1, 2003.