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A BILL TO BE ENTITLED
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AN ACT
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relating to reorganizing the grand jury as the probable cause jury. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Chapter 19, Code of Criminal |
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Procedure, is amended to read as follows: |
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CHAPTER 19. ORGANIZATION OF THE PROBABLE CAUSE [GRAND] JURY |
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SECTION 2. Chapter 19, Code of Criminal Procedure, is |
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amended by adding Articles 19.001, 19.002, 19.003, and 19.004 to |
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read as follows: |
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Art. 19.001. ORGANIZATION OF PROBABLE CAUSE JURY. (a) The |
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probable cause jury is composed of a three-person panel in each |
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county that serves as the probable cause jury for that county. |
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(b) The probable cause jurors shall be appointed as follows: |
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(1) one probable cause juror appointed by the |
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presiding officer of the governing body of the municipality with |
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the largest population in the county, with the approval of the |
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governing body of the municipality; |
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(2) one probable cause juror appointed by the county |
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judge, with the approval of the commissioners court; and |
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(3) one probable cause juror appointed by the probable |
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cause jurors appointed under Subdivisions (1) and (2). |
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(c) The probable cause juror that is appointed under |
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Subsection (b)(3) shall serve as the foreman. |
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(d) A reference in this code or other law to a grand jury |
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means a probable cause jury established under this article. A |
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reference in this code or other law to a grand juror means a member |
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of the probable cause jury established under this article. |
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Art. 19.002. QUALIFICATIONS. A person appointed to serve |
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as a probable cause juror under Article 19.001: |
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(1) must be a licensed attorney; |
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(2) must have practiced law for at least 10 years; |
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(3) may not have been employed by a district attorney's |
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office during the two-year period preceding the appointment; and |
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(4) may not engage in the private practice of law |
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during the person's tenure on the probable cause jury. |
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Art. 19.003. TERMS. (a) A probable cause juror appointed |
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under Article 19.001(b)(1) serves a term of five years. |
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(b) A probable cause juror appointed under Article |
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19.001(b)(2) serves a term of seven years. |
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(c) A probable cause juror appointed under Article |
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19.001(b)(3) serves a term of 10 years. |
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(d) A probable cause juror appointed under Article 19.001 |
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may be reappointed for a second or subsequent term. |
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Art. 19.004. COMPENSATION. (a) A probable cause juror |
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appointed under Article 19.001(b)(1) or (2) is entitled to an |
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annual salary of $150,000, to be paid by the state. |
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(b) A probable cause juror appointed under Article |
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19.001(b)(3) is entitled to an annual salary of $200,000, to be paid |
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by the state. |
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SECTION 3. Article 19.34, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 19.34. OATH OF PROBABLE CAUSE [GRAND] JURORS. When a |
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probable cause juror is appointed under this chapter, [the grand
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jury is completed, the court shall appoint one of the number
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foreman; and] the following oath shall be administered by the |
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court, or under its direction, to the juror [jurors]: "You solemnly |
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swear that you will diligently inquire into, and true presentment |
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make, of all such matters and things as shall be given you in |
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charge; the State's counsel, your fellows and your own, you shall |
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keep secret, unless required to disclose the same in the course of a |
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judicial proceeding in which the truth or falsity of evidence given |
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in the probable cause [grand] jury room, in a criminal case, shall |
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be under investigation. You shall present no person from envy, |
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hatred or malice; neither shall you leave any person unpresented |
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for love, fear, favor, affection or hope of reward; but you shall |
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present things truly as they come to your knowledge, according to |
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the best of your understanding, so help you God". |
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SECTION 4. Article 19.40, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 19.40. QUORUM. Two [Nine] members shall be a quorum |
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for the purpose of discharging any duty or exercising any right |
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properly belonging to the probable cause [grand] jury. |
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SECTION 5. Article 20.19, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 20.19. PROBABLE CAUSE [GRAND] JURY SHALL VOTE. After |
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all the testimony which is accessible to the probable cause [grand] |
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jury shall have been given in respect to any criminal accusation, |
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the vote shall be taken as to the presentment of an indictment, and |
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if two [nine] members concur in finding the bill, the foreman shall |
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make a memorandum of the same with such data as will enable the |
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attorney who represents the State to write the indictment. |
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SECTION 6. Article 20.21, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 20.21. INDICTMENT PRESENTED. When the indictment is |
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ready to be presented, the probable cause [grand] jury shall |
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through their foreman, deliver the indictment to the judge or clerk |
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of the court. At least two [nine] members of the probable cause |
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[grand] jury must be present on such occasion. |
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SECTION 7. Article 27.03, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 27.03. MOTION TO SET ASIDE INDICTMENT. In addition to |
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any other grounds authorized by law, a motion to set aside an |
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indictment or information may be based on the following: |
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1. That it appears by the records of the court that the |
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indictment was not found by at least two probable cause [nine grand] |
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jurors, or that the information was not based upon a valid |
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complaint; or |
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2. That some person not authorized by law was present when |
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the probable cause [grand] jury was deliberating upon the |
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accusation against the defendant, or was voting upon the same[; and
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[3. That the grand jury was illegally impaneled; provided,
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however, in order to raise such question on motion to set aside the
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indictment, the defendant must show that he did not have an
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opportunity to challenge the array at the time the grand jury was
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impaneled]. |
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SECTION 8. Article 27.09, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 27.09. EXCEPTION TO FORM OF INDICTMENT. Exceptions to |
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the form of an indictment or information may be taken for the |
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following causes only: |
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1. That it does not appear to have been presented in the |
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proper court as required by law; or |
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2. The want of any requisite prescribed by Articles 21.02 and |
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21.21. |
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[3. That it was not returned by a lawfully chosen or
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empaneled grand jury.] |
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SECTION 9. Section 53.045(b), Family Code, is amended to |
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read as follows: |
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(b) A probable cause [grand] jury may approve a petition |
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submitted to it under this section by a vote of two [nine] members |
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of the probable cause [grand] jury in the same manner that the |
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probable cause [grand] jury votes on the presentment of an |
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indictment. |
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SECTION 10. Section 24.014(b), Government Code, is amended |
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to read as follows: |
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(b) The judge may appoint jury commissioners who select and |
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draw [grand and] petit jurors as provided by law. The jurors may be |
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summoned to appear before the court at the time designated by the |
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judge. |
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SECTION 11. Section 24.135(c), Government Code, is amended |
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to read as follows: |
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(c) The judge of the 33rd District Court may [select jury
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commissioners and impanel grand juries in each county.
The judge
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of the 33rd District Court may alternate the drawing of grand juries
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with the judge of any other district court in each county within the
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33rd Judicial District and may] order [grand and] petit juries to be |
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drawn for any term of the court as the judge determines is |
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necessary, by an order entered in the minutes of the court. |
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Indictments within each county may be returned to either court |
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within that county. |
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SECTION 12. Section 24.213(e), Government Code, is amended |
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to read as follows: |
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(e) A criminal complaint may be presented to the probable |
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cause [grand] jury [of any district court] in Webb County, and a |
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resulting indictment may be returned to any [other] district court |
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in Webb County with the appropriate criminal jurisdiction. |
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SECTION 13. Section 24.377(b), Government Code, is amended |
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to read as follows: |
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(b) The judge of the 198th District Court may [select jury
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commissioners and impanel grand juries in each county. The judge of
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the 198th District Court may alternate the drawing of grand juries
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with the judge of any other district court in each county within the
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judge's district and may] order [grand and] petit juries to be drawn |
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for any term of the judge's court as in the judge's judgment is |
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necessary, by an order entered in the minutes of the court. |
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Indictments within each county may be returned to either court |
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within that county. |
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SECTION 14. Section 24.396(b), Government Code, is amended |
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to read as follows: |
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(b) [The judge of the 218th District Court may select grand
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jury commissioners and impanel grand juries in each county in the
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district but is not required to impanel a grand jury in any county
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except when he considers it necessary. The judge may alternate the
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impaneling of grand juries in each county with the judge of any
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other district court in that county, or the judges may by agreement
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determine which one of the courts will impanel the grand juries.] |
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Indictments within each county may be returned to any district |
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court within that county. All [grand and] petit juries drawn for |
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one district court in each county are interchangeable with any |
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other district court in that county as if the jury had been drawn |
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for the court in which it is used. |
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SECTION 15. Sections 24.487(b) and (d), Government Code, |
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are amended to read as follows: |
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(b) [The judge of the 341st District Court may select jury
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commissioners and impanel grand juries in Webb County.
The judge
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of the 341st District Court may alternate the drawing of grand
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juries with the judge of any other district court in the
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county.] By order entered on the minutes, for any term that the |
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judge considers it necessary, the judge of the 341st District Court |
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may order [grand and] petit juries to be drawn. |
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(d) A criminal complaint may be presented to the probable |
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cause [grand] jury [of any district court] in Webb County, and a |
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resulting indictment may be returned to any [other] district court |
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in Webb County with the appropriate criminal jurisdiction. |
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SECTION 16. Section 24.551(f), Government Code, is amended |
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to read as follows: |
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(f) A criminal complaint may be presented to the probable |
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cause [grand] jury [of any district court] in Webb County, and a |
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resulting indictment may be returned to any [other] district court |
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in Webb County with the appropriate criminal jurisdiction. |
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SECTION 17. Section 24.568(d), Government Code, is amended |
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to read as follows: |
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(d) The judge of the 424th District Court may [select jury
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commissioners and impanel grand juries in each county.
The judge
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of the 424th District Court may alternate the drawing of grand
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juries with the judge of any other district court in each county
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within the 424th Judicial District and may] order [grand and] petit |
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juries to be drawn for any term of the court as the judge determines |
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is necessary, by an order entered in the minutes of the |
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court. Indictments within each county may be returned to either |
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court within that county. |
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SECTION 18. Section 53.072, Government Code, is amended to |
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read as follows: |
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Sec. 53.072. PROBABLE CAUSE [GRAND] JURY BAILIFFS IN |
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GALVESTON COUNTY. The judge of a district court in Galveston County |
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[impaneling a grand jury] shall appoint not more than six probable |
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cause [grand] jury bailiffs. |
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SECTION 19. Section 54.976(d), Government Code, is amended |
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to read as follows: |
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(d) A judge may refer to a magistrate proceedings involving |
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a probable cause [grand] jury, including issuance of probable cause |
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[grand] jury subpoenas, receipt of probable cause [grand] jury |
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reports on behalf of a district judge, the granting of a probable |
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cause [grand] jury request to recess, and motions to compel |
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testimony [, and discharge of a grand jury at the end of a term.
A
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magistrate may not impanel a grand jury]. |
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SECTION 20. The heading to Section 402.024, Government |
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Code, is amended to read as follows: |
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Sec. 402.024. DEFENSE OF DISTRICT ATTORNEY [, GRAND JURY
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COMMISSIONER,] OR PROBABLE CAUSE [GRAND] JUROR. |
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SECTION 21. Section 402.024(b), Government Code, is amended |
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to read as follows: |
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(b) The attorney general shall defend a state probable cause |
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[grand jury commissioner or grand] juror who is a defendant in an |
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action in any court if: |
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(1) the suit involves an act of the person while in the |
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performance of duties as a probable cause [grand jury commissioner
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or grand] juror; and |
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(2) the person requests the attorney general's |
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assistance in the defense. |
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SECTION 22. The following provisions are repealed: |
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(1) Articles 19.01, 19.02, 19.03, 19.04, 19.05, 19.06, |
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19.07, 19.08, 19.09, 19.10, 19.11, 19.12, 19.13, 19.14, 19.15, |
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19.16, 19.17, 19.18, 19.19, 19.20, 19.21, 19.22, 19.23, 19.24, |
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19.25, 19.26, 19.27, 19.28, 19.29, 19.30, 19.31, 19.32, 19.33, |
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19.35, 19.39, 19.41, and 19.42, Code of Criminal Procedure; |
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(2) Sections 24.014(c), 24.129(d), 24.136(d), |
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24.161(c), 24.164(d), 24.191(c), and 24.193(d), Government Code; |
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and |
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(3) Section 152.015(b), Local Government Code. |
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SECTION 23. (a) The appointments required by Article |
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19.001, Code of Criminal Procedure, as added by this Act, must be |
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made on or before January 1, 2016, to terms beginning January 1, |
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2016. |
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(b) The term of a grand jury that is impaneled before the |
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effective date of this Act and whose term has not yet expired: |
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(1) expires on January 1, 2016, if the grand jury's |
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term is set to expire after January 1, 2016; and |
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(2) is extended to January 1, 2016, if the grand jury's |
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term is set to expire before January 1, 2016. |
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(c) Except as provided by Subsections (b) and (d), the |
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changes in law made by this Act apply to a probable cause jury |
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appointed on or after the effective date of this Act. A grand jury |
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impaneled before the effective date of this Act is governed by the |
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law in effect on the date the grand jury was impaneled, and the |
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former law is continued in effect for that purpose. |
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(d) Section 402.024(b), Government Code, as amended by this |
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Act, applies only to a court action arising from an act of a person |
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that occurs on or after the effective date of this Act. A court |
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action arising from an act of a person that occurred before the |
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effective date of this Act is governed by the law in effect on the |
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date the act occurred, and the former law is continued in effect for |
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that purpose. |
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SECTION 24. This Act takes effect on the date on which the |
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constitutional amendment proposed by the 84th Legislature, Regular |
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Session, 2015, to change the composition of the grand jury takes |
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effect. If that amendment is not approved by the voters, this Act |
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has no effect. |