84R6963 AJZ-D
By: Alvarado, Herrero, Riddle, Moody, Wu H.B. No. 2150
A BILL TO BE ENTITLED
AN ACT
relating to the organization of a grand jury and qualifications for
service as a grand juror.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 19.26(b), Code of Criminal Procedure, is
amended to read as follows:
(b) The grand jury is composed of not more than twelve
qualified jurors. In addition, the court shall qualify and impanel
not more than four [two] alternates to serve on disqualification or
unavailability of a juror during the term of the grand jury. On
learning that a grand juror has become disqualified or unavailable
during the term of the grand jury, the attorney representing the
state shall prepare an order for the court identifying the
disqualified or unavailable juror, stating the basis for the
disqualification or unavailability, dismissing the disqualified or
unavailable juror from the grand jury, and naming one of the
alternates as a member of the grand jury. The procedure established
by this subsection may be used on disqualification or
unavailability of a second or subsequent grand juror during the
term of the grand jury. For purposes of this subsection, a juror is
unavailable if the juror is unable to participate fully in the
duties of the grand jury because the juror is unwilling to serve on
the grand jury or is otherwise neglecting the juror's duty to serve,
or because of the death of the juror or a physical or mental illness
of the juror.
SECTION 2. Article 19.31, Code of Criminal Procedure, is
amended to read as follows:
Art. 19.31. CHALLENGE TO JUROR. (a) A challenge to a
particular grand juror may be made orally for any of the following
causes [only]:
1. That the juror is insane;
2. That the juror has such defect in the organs of
feeling or hearing, or such bodily or mental defect or disease as to
render the juror unfit for jury service, or that the juror is
legally blind and the court in its discretion is not satisfied that
the juror is fit for jury service in that particular case;
3. That the juror is a witness in an investigation of
the grand jury;
4. That the juror served on a petit jury in a former
trial of the same alleged conduct or offense that the grand jury is
investigating;
5. That the juror has a bias or prejudice in favor of
or against the person accused or suspected of committing an offense
that the grand jury is investigating;
6. That from hearsay, or otherwise, there is
established in the mind of the juror such a conclusion as to the
guilt or innocence of the person accused or suspected of committing
an offense that the grand jury is investigating as would influence
the juror's vote on the presentment of an indictment;
7. That the juror is related within the third degree by
consanguinity or affinity, as determined under Chapter 573,
Government Code, to a person accused or suspected of committing an
offense that the grand jury is investigating or to a person who is a
victim of an offense that the grand jury is investigating;
8. That the juror has a bias or prejudice against any
phase of the law upon which the state is entitled to rely for an
indictment;
9. That the juror [he] is not a qualified juror; and
10. [2.] That the juror [he] is the prosecutor upon an
accusation against the person making the challenge.
(b) In this article, "legally blind" has the meaning
assigned by Article 35.16(a).
SECTION 3. Chapter 19, Code of Criminal Procedure, is
amended by adding Article 19.315 to read as follows:
Art. 19.315. RECUSAL OF JUROR. (a) If, during the course of
a juror's service on the grand jury, the juror determines that the
juror could be subject to a valid challenge for cause under Article
19.31, the juror shall recuse himself or herself from grand jury
service until the cause no longer exists. A person who knowingly
fails to recuse himself or herself under this subsection may be held
in contempt of court. A person authorized to be present in the grand
jury room shall report a known violation of this subsection to the
court.
(b) The court shall instruct the grand jury as to the duty
imposed by Subsection (a).
SECTION 4. The changes in law made by this Act apply to a
grand jury impaneled on or after the effective date of this Act. A
grand jury impaneled before the effective date of this Act is
governed by the law in effect on the date the grand jury was
impaneled, and the former law is continued in effect for that
purpose.
SECTION 5. This Act takes effect September 1, 2015.