BILL ANALYSIS

 

 

Senate Research Center                                                                                                        S.B. 451

                                                                                                                                   By: Wentworth

                                                                                                                                      Jurisprudence

                                                                                                                                              7/6/2005

                                                                                                                                              Enrolled

 

 

AUTHOR'S/SPONSOR'S STATEMENT OF INTENT

 

Currently, petit juror and grand juror qualifications are not in line with other state statutes.  Statutes governing all other jurors, whether grand jurors or petit jurors in criminal cases, already disqualify a person who has been convicted of misdemeanor theft.  S.B. 451 conforms the qualifications for all grand jurors and petit jurors in civil and criminal cases to exclude persons who have been convicted of a misdemeanor theft, and makes the language of the statutory provisions governing petit and grand jurors gender neutral.

 

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 19.06, Code of Criminal Procedure, to provide that a commissioner is not qualified to be selected for or to serve as a grand juror during the term of court for which the commissioner is serving as a commissioner.

 

SECTION 2.  Amends Article 19.08, Code of Criminal Procedure, to include a misdemeanor theft conviction or indictment as a prohibiting factor in terms of a person being eligible to serve as a grand juror.  Makes conforming and nonsubstantive changes.   

 

SECTION 3.  Amends Subsection (a), Article 35.16, Code of Criminal Procedure, to make conforming and nonsubstantive changes.

 

SECTION 4.  Amends Section 62.102, Government Code, to make conforming and nonsubstantive changes.

 

SECTION 5.  Makes application of this Act prospective.

 

SECTION 6.  Effective date: September 1, 2005.