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A BILL TO BE ENTITLED
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AN ACT
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relating to appointment of a grand jury. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 19.01, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 19.01. METHODS OF APPOINTMENT OF GRAND JURY |
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[COMMISSIONERS; SELECTION WITHOUT JURY COMMISSION]. (a) Except as |
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provided by Subsection (b), a grand jury may only be appointed by a |
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district judge directing that 20 to 125 prospective grand jurors be |
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selected and summoned, with return on summons, in the same manner as |
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for the selection and summons of panels for the trial of civil cases |
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in the district courts under Subchapter A, Chapter 62, Government |
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Code. The judge shall try the qualifications for and excuses from |
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service of a grand juror selected under this subsection and impanel |
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the completed grand jury in the same manner as provided by this |
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chapter for grand jurors selected by a jury commission. |
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(b) On a written finding by the district judge of specific |
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circumstances that result in the method of appointing the grand |
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jury under Subsection (a) being inadequate, the [The] district |
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judge, at or during any term of court, may [shall] appoint not less |
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than three, nor more than five persons to perform the duties of jury |
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commissioners, and shall cause the sheriff to notify them of their |
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appointment, and when and where they are to appear. The district |
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judge shall, in the order appointing such commissioners, designate |
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whether such commissioners shall serve during the term at which |
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selected or for the next succeeding term. The [Such] commissioners |
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shall receive as compensation for each day or part thereof they may |
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serve the sum of Ten Dollars, and they must [shall] possess the |
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following qualifications: |
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1. Be intelligent citizens of the county and able to |
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read and write the English language; |
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2. Be qualified jurors in the county; |
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3. Have no suit in said court which requires |
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intervention of a jury; |
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4. Be residents of different portions of the county; |
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and |
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5. The same person shall not act as jury commissioner |
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more than once in any 12-month period. |
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[(b)
In lieu of the selection of prospective jurors by means
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of a jury commission, the district judge may direct that 20 to 125
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prospective grand jurors be selected and summoned, with return on
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summons, in the same manner as for the selection and summons of
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panels for the trial of civil cases in the district courts. The
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judge shall try the qualifications for and excuses from service as a
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grand juror and impanel the completed grand jury in the same manner
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as provided for grand jurors selected by a jury commission.] |
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SECTION 2. Article 19.30, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 19.30. CHALLENGE TO "ARRAY". A challenge to the |
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"array" shall be made in writing for these causes only: |
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1. That those summoned as grand jurors are not in fact |
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those selected by the method provided by Article 19.01(a) |
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[19.01(b)] of this chapter or by the jury commissioners; and |
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2. In case of grand jurors summoned by order of the |
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court, that the officer who summoned them had acted corruptly in |
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summoning any one or more of them. |
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SECTION 3. This Act applies only to a grand jury for which |
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the term of the grand jury commences on or after the effective date |
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of this Act. |
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SECTION 4. This Act takes effect September 1, 2015. |