BILL ANALYSIS

 

 

                                                                                                                                           H.B. 2754

                                                                                                                                 By: McReynolds

                                                                                                                       Criminal Jurisprudence

                                                                                                       Committee Report (Unamended)

 

 

 

BACKGROUND AND PURPOSE

 

Chapter 19 in the Code of Criminal Procedure, Organization of the Grand Jury, establishes two methods in which Grand Juries can be selected.  One method requires the district judge to appoint between 3 to 5 jury commissioners to serve a term of court.  These jury commissioners then choose 15 to 40 citizens to be summoned as possible grand jurors for the upcoming term of court.  However, current code does not prevent the jury commissioner from assigning himself or being assigned by another jury commissioner to the grand jury pool. 

 

HB 2754 would prevent grand jury commissioners from serving on the same grand jury during a court term in which they also serve as jury commissioners.

 

RULEMAKING AUTHORITY

 

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. 

 

ANALYSIS

 

Amends Section 19.06 Code of Criminal Procedure, SHALL SELECT GRAND JURORS, by eliminating the possibility for a grand jury commissioner to serve on a grand jury during the same term of court.

 

EFFECTIVE DATE

 

This Act takes effect immediately if it receives a vote of two thirds of all the members elected to each house, as provided by Section 39, Article III, and Texas Constitution.  If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2005.