Texas 2015 - 84th Regular

Texas House Bill HB1253 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R6592 MAW-D
2	2	By: Dutton H.B. No. 1253
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to appointment of a grand jury.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Article 19.01, Code of Criminal Procedure, is
10	10	amended to read as follows:
11	11	Art. 19.01. METHODS OF APPOINTMENT OF GRAND JURY
12	12	[COMMISSIONERS; SELECTION WITHOUT JURY COMMISSION]. (a) Except as
13	13	provided by Subsection (b), a grand jury may only be appointed by a
14	14	district judge directing that 20 to 125 prospective grand jurors be
15	15	selected and summoned, with return on summons, in the same manner as
16	16	for the selection and summons of panels for the trial of civil cases
17	17	in the district courts under Subchapter A, Chapter 62, Government
18	18	Code. The judge shall try the qualifications for and excuses from
19	19	service of a grand juror selected under this subsection and impanel
20	20	the completed grand jury in the same manner as provided by this
21	21	chapter for grand jurors selected by a jury commission.
22	22	(b) On a written finding by the district judge of specific
23	23	circumstances that result in the method of appointing the grand
24	24	jury under Subsection (a) being inadequate, the [The] district
25	25	judge, at or during any term of court, may [shall] appoint not less
26	26	than three, nor more than five persons to perform the duties of jury
27	27	commissioners, and shall cause the sheriff to notify them of their
28	28	appointment, and when and where they are to appear. The district
29	29	judge shall, in the order appointing such commissioners, designate
30	30	whether such commissioners shall serve during the term at which
31	31	selected or for the next succeeding term. The [Such] commissioners
32	32	shall receive as compensation for each day or part thereof they may
33	33	serve the sum of Ten Dollars, and they must [shall] possess the
34	34	following qualifications:
35	35	1. Be intelligent citizens of the county and able to
36	36	read and write the English language;
37	37	2. Be qualified jurors in the county;
38	38	3. Have no suit in said court which requires
39	39	intervention of a jury;
40	40	4. Be residents of different portions of the county;
41	41	and
42	42	5. The same person shall not act as jury commissioner
43	43	more than once in any 12-month period.
44	44	[(b) In lieu of the selection of prospective jurors by means
45	45	of a jury commission, the district judge may direct that 20 to 125
46	46	prospective grand jurors be selected and summoned, with return on
47	47	summons, in the same manner as for the selection and summons of
48	48	panels for the trial of civil cases in the district courts. The
49	49	judge shall try the qualifications for and excuses from service as a
50	50	grand juror and impanel the completed grand jury in the same manner
51	51	as provided for grand jurors selected by a jury commission.]
52	52	SECTION 2. Article 19.30, Code of Criminal Procedure, is
53	53	amended to read as follows:
54	54	Art. 19.30. CHALLENGE TO "ARRAY". A challenge to the
55	55	"array" shall be made in writing for these causes only:
56	56	1. That those summoned as grand jurors are not in fact
57	57	those selected by the method provided by Article 19.01(a)
58	58	[19.01(b)] of this chapter or by the jury commissioners; and
59	59	2. In case of grand jurors summoned by order of the
60	60	court, that the officer who summoned them had acted corruptly in
61	61	summoning any one or more of them.
62	62	SECTION 3. This Act applies only to a grand jury for which
63	63	the term of the grand jury commences on or after the effective date
64	64	of this Act.
65	65	SECTION 4. This Act takes effect September 1, 2015.