84R6592 MAW-D
By: Dutton H.B. No. 1253
A BILL TO BE ENTITLED
AN ACT
relating to appointment of a grand jury.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 19.01, Code of Criminal Procedure, is
amended to read as follows:
Art. 19.01. METHODS OF APPOINTMENT OF GRAND JURY
[COMMISSIONERS; SELECTION WITHOUT JURY COMMISSION]. (a) Except as
provided by Subsection (b), a grand jury may only be appointed by a
district judge directing that 20 to 125 prospective grand jurors be
selected and summoned, with return on summons, in the same manner as
for the selection and summons of panels for the trial of civil cases
in the district courts under Subchapter A, Chapter 62, Government
Code. The judge shall try the qualifications for and excuses from
service of a grand juror selected under this subsection and impanel
the completed grand jury in the same manner as provided by this
chapter for grand jurors selected by a jury commission.
(b) On a written finding by the district judge of specific
circumstances that result in the method of appointing the grand
jury under Subsection (a) being inadequate, the [The] district
judge, at or during any term of court, may [shall] appoint not less
than three, nor more than five persons to perform the duties of jury
commissioners, and shall cause the sheriff to notify them of their
appointment, and when and where they are to appear. The district
judge shall, in the order appointing such commissioners, designate
whether such commissioners shall serve during the term at which
selected or for the next succeeding term. The [Such] commissioners
shall receive as compensation for each day or part thereof they may
serve the sum of Ten Dollars, and they must [shall] possess the
following qualifications:
1. Be intelligent citizens of the county and able to
read and write the English language;
2. Be qualified jurors in the county;
3. Have no suit in said court which requires
intervention of a jury;
4. Be residents of different portions of the county;
and
5. The same person shall not act as jury commissioner
more than once in any 12-month period.
[(b) In lieu of the selection of prospective jurors by means
of a jury commission, the district judge may direct that 20 to 125
prospective grand jurors be selected and summoned, with return on
summons, in the same manner as for the selection and summons of
panels for the trial of civil cases in the district courts. The
judge shall try the qualifications for and excuses from service as a
grand juror and impanel the completed grand jury in the same manner
as provided for grand jurors selected by a jury commission.]
SECTION 2. Article 19.30, Code of Criminal Procedure, is
amended to read as follows:
Art. 19.30. CHALLENGE TO "ARRAY". A challenge to the
"array" shall be made in writing for these causes only:
1. That those summoned as grand jurors are not in fact
those selected by the method provided by Article 19.01(a)
[19.01(b)] of this chapter or by the jury commissioners; and
2. In case of grand jurors summoned by order of the
court, that the officer who summoned them had acted corruptly in
summoning any one or more of them.
SECTION 3. This Act applies only to a grand jury for which
the term of the grand jury commences on or after the effective date
of this Act.
SECTION 4. This Act takes effect September 1, 2015.