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A BILL TO BE ENTITLED
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AN ACT
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relating to the organization of a grand jury and qualifications for |
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service as a grand juror. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 19.26(b), Code of Criminal Procedure, is |
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amended to read as follows: |
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(b) The grand jury is composed of not more than twelve |
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qualified jurors. In addition, the court shall qualify and impanel |
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not more than four [two] alternates to serve on disqualification or |
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unavailability of a juror during the term of the grand jury. On |
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learning that a grand juror has become disqualified or unavailable |
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during the term of the grand jury, the attorney representing the |
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state shall prepare an order for the court identifying the |
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disqualified or unavailable juror, stating the basis for the |
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disqualification or unavailability, dismissing the disqualified or |
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unavailable juror from the grand jury, and naming one of the |
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alternates as a member of the grand jury. The procedure established |
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by this subsection may be used on disqualification or |
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unavailability of a second or subsequent grand juror during the |
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term of the grand jury. For purposes of this subsection, a juror is |
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unavailable if the juror is unable to participate fully in the |
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duties of the grand jury because the juror is unwilling to serve on |
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the grand jury or is otherwise neglecting the juror's duty to serve, |
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or because of the death of the juror or a physical or mental illness |
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of the juror. |
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SECTION 2. Article 19.31, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 19.31. CHALLENGE TO JUROR. (a) A challenge to a |
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particular grand juror may be made orally for any of the following |
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causes [only]: |
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1. That the juror is insane; |
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2. That the juror has such defect in the organs of |
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feeling or hearing, or such bodily or mental defect or disease as to |
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render the juror unfit for jury service, or that the juror is |
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legally blind and the court in its discretion is not satisfied that |
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the juror is fit for jury service in that particular case; |
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3. That the juror is a witness in an investigation of |
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the grand jury; |
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4. That the juror served on a petit jury in a former |
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trial of the same alleged conduct or offense that the grand jury is |
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investigating; |
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5. That the juror has a bias or prejudice in favor of |
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or against the person accused or suspected of committing an offense |
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that the grand jury is investigating; |
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6. That from hearsay, or otherwise, there is |
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established in the mind of the juror such a conclusion as to the |
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guilt or innocence of the person accused or suspected of committing |
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an offense that the grand jury is investigating as would influence |
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the juror's vote on the presentment of an indictment; |
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7. That the juror is related within the third degree by |
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consanguinity or affinity, as determined under Chapter 573, |
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Government Code, to a person accused or suspected of committing an |
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offense that the grand jury is investigating or to a person who is a |
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victim of an offense that the grand jury is investigating; |
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8. That the juror has a bias or prejudice against any |
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phase of the law upon which the state is entitled to rely for an |
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indictment; |
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9. That the juror [he] is not a qualified juror; and |
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10. [2.] That the juror [he] is the prosecutor upon an |
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accusation against the person making the challenge. |
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(b) In this article, "legally blind" has the meaning |
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assigned by Article 35.16(a). |
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SECTION 3. Chapter 19, Code of Criminal Procedure, is |
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amended by adding Article 19.315 to read as follows: |
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Art. 19.315. RECUSAL OF JUROR. (a) If, during the course of |
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a juror's service on the grand jury, the juror determines that the |
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juror could be subject to a valid challenge for cause under Article |
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19.31, the juror shall recuse himself or herself from grand jury |
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service until the cause no longer exists. A person who knowingly |
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fails to recuse himself or herself under this subsection may be held |
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in contempt of court. A person authorized to be present in the grand |
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jury room shall report a known violation of this subsection to the |
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court. |
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(b) The court shall instruct the grand jury as to the duty |
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imposed by Subsection (a). |
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SECTION 4. The changes in law made by this Act apply to a |
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grand jury impaneled on or after the effective date of this Act. A |
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grand jury impaneled before the effective date of this Act is |
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governed by the law in effect on the date the grand jury was |
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impaneled, and the former law is continued in effect for that |
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purpose. |
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SECTION 5. This Act takes effect September 1, 2015. |