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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. |
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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. APPOINTMENT OF GRAND JURY [COMMISSIONERS;
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SELECTION WITHOUT JURY COMMISSION]. [(a)] The [district judge, at
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or during any term of court, shall appoint not less than three, nor
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more than five persons to perform the duties of jury commissioners,
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and shall cause the sheriff to notify them of their appointment, and
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when and where they are to appear. The district judge shall, in the
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order appointing such commissioners, designate whether such
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commissioners shall serve during the term at which selected or for
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the next succeeding term. Such commissioners shall receive as
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compensation for each day or part thereof they may serve the sum of
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Ten Dollars, and they shall possess the following qualifications:
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[1. Be intelligent citizens of the county and able to read
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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 intervention of
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a jury;
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[4. Be residents of different portions of the county; and
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[5. The same person shall not act as jury commissioner more
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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 shall [may] direct that 20 |
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to 125 prospective grand jurors be selected and summoned, with |
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return on summons, in the same manner as for the selection and |
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summons of panels for the trial of civil cases in the district |
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courts. The judge shall try the qualifications for and excuses from |
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service as a grand juror and impanel the completed grand jury [in
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the same manner] as provided by this chapter [for grand jurors
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selected by a jury commission]. |
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SECTION 2. Article 19.07, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 19.07. EXTENSION BEYOND TERM OF PERIOD FOR WHICH GRAND |
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JURORS SHALL SIT. If prior to the expiration of the term for which |
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the grand jury was impaneled, it is made to appear by a declaration |
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of the foreman or of a majority of the grand jurors in open court, |
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that the investigation by the grand jury of the matters before it |
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cannot be concluded before the expiration of the term, the judge of |
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the district court in which said grand jury was impaneled may, by |
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the entry of an order on the minutes of said court, extend, from |
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time to time, for the purpose of concluding the investigation of |
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matters then before it, the period during which said grand jury |
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shall sit, for not to exceed a total of ninety days after the |
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expiration of the term for which it was impaneled, and all |
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indictments pertaining thereto returned by the grand jury within |
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said extended period shall be as valid as if returned before the |
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expiration of the term. [The extension of the term of a grand jury
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under this article does not affect the provisions of Article 19.06
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relating to the selection and summoning of grand jurors for each
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regularly scheduled term.] |
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SECTION 3. Article 19.08, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 19.08. QUALIFICATIONS. No person shall be selected or |
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serve as a grand juror who does not possess the following |
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qualifications: |
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1. The person must be a citizen of the state, and of |
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the county in which the person is to serve, and be qualified under |
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the Constitution and laws to vote in said county, provided that the |
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person's failure to register to vote shall not be held to disqualify |
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the person in this instance; |
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2. The person must be of sound mind and good moral |
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character; |
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3. The person must be able to read and write; |
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4. The person must not have been convicted of |
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misdemeanor theft or a felony; |
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5. The person must not be under indictment or other |
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legal accusation for misdemeanor theft or a felony; |
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6. The person must not be related within the third |
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degree of consanguinity or second degree of affinity, as determined |
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under Chapter 573, Government Code, to any person selected to serve |
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or serving on the same grand jury; |
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7. The person must not have served as grand juror [or
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jury commissioner] in the year before the date on which the term of |
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court for which the person has been selected as grand juror begins; |
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and |
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8. The person must not be a complainant in any matter |
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to be heard by the grand jury during the term of court for which the |
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person has been selected as a grand juror. |
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SECTION 4. Article 19.19, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 19.19. JURORS TO ATTEND FORTHWITH. The jurors |
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provided for in Article 19.18 [the two preceding Articles] shall be |
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summoned in person to attend before the court forthwith. |
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SECTION 5. Article 19.20, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 19.20. TO SUMMON QUALIFIED PERSONS. On [Upon] |
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directing the sheriff to summon grand jurors [not selected by the
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jury commissioners], the court shall instruct the sheriff [him] |
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that the sheriff [he] must not summon any [no] person to serve as a |
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grand juror who does not possess the qualifications prescribed by |
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law. |
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SECTION 6. 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 [19.01(b) of
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this chapter or by the jury commissioners]; and |
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2. That [In case of grand jurors summoned by order of
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the court, that] the officer who summoned the grand jurors [them
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had] acted corruptly in summoning any one or more of them. |
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SECTION 7. Section 24.014(b), Government Code, is amended |
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to read as follows: |
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(b) The judge may impanel [appoint jury commissioners who
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select and draw] grand and petit jurors as provided by law. The |
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jurors may be summoned to appear before the court at the time |
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designated by the judge. |
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SECTION 8. 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 |
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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 9. 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 |
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of the 198th 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 judge's district and may order grand and petit juries to |
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be drawn for any term of the judge's court as in the judge's judgment |
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is 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 10. 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 the judge [he] considers it necessary. The judge may |
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alternate the impaneling of grand juries in each county with the |
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judge of any other district court in that county, or the judges may |
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by agreement determine which one of the courts will impanel the |
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grand juries. Indictments within each county may be returned to any |
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district court within that county. All grand and petit juries drawn |
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for 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 11. Section 24.487(b), Government Code, is amended |
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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 county. By |
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order entered on the minutes, for any term that the judge considers |
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it necessary, the judge may order grand and petit juries to be |
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drawn. |
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SECTION 12. 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 13. Section 24.596(b), Government Code, is amended |
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to read as follows: |
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(b) The judge of the 452nd 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 452nd District Court may order grand and petit juries to be |
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drawn 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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SECTION 14. 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 GRAND JUROR. |
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SECTION 15. 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 [grand jury
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commissioner or] grand juror who is a defendant in an action in any |
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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 [grand jury commissioner or] grand |
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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 16. The following provisions are repealed: |
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(1) Articles 19.02, 19.03, 19.04, 19.05, 19.06, 19.09, |
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19.10, 19.11, 19.12, 19.13, 19.14, 19.15, and 19.17, Code of |
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Criminal Procedure; and |
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(2) Section 24.014(c), Government Code. |
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SECTION 17. Section 402.024(b), Government Code, as amended |
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by this Act, applies only to a court action arising from an act of a |
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person that occurs on or after the effective date of this Act. A |
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court action arising from an act of a person that occurred before |
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the effective date of this Act is governed by the law in effect on |
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the date the act occurred, and the former law is continued in effect |
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for that purpose. |
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SECTION 18. This Act takes effect September 1, 2015. |