84R9384 AJZ-D
By: Dutton H.B. No. 2617
A BILL TO BE ENTITLED
AN ACT
relating to reorganizing the grand jury as the probable cause jury.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Chapter 19, Code of Criminal
Procedure, is amended to read as follows:
CHAPTER 19. ORGANIZATION OF THE PROBABLE CAUSE [GRAND] JURY
SECTION 2. Chapter 19, Code of Criminal Procedure, is
amended by adding Articles 19.001, 19.002, 19.003, and 19.004 to
read as follows:
Art. 19.001. ORGANIZATION OF PROBABLE CAUSE JURY. (a) The
probable cause jury is composed of a three-person panel in each
county that serves as the probable cause jury for that county.
(b) The probable cause jurors shall be appointed as follows:
(1) one probable cause juror appointed by the
presiding officer of the governing body of the municipality with
the largest population in the county, with the approval of the
governing body of the municipality;
(2) one probable cause juror appointed by the county
judge, with the approval of the commissioners court; and
(3) one probable cause juror appointed by the probable
cause jurors appointed under Subdivisions (1) and (2).
(c) The probable cause juror that is appointed under
Subsection (b)(3) shall serve as the foreman.
(d) A reference in this code or other law to a grand jury
means a probable cause jury established under this article. A
reference in this code or other law to a grand juror means a member
of the probable cause jury established under this article.
Art. 19.002. QUALIFICATIONS. A person appointed to serve
as a probable cause juror under Article 19.001:
(1) must be a licensed attorney;
(2) must have practiced law for at least 10 years;
(3) may not have been employed by a district attorney's
office during the two-year period preceding the appointment; and
(4) may not engage in the private practice of law
during the person's tenure on the probable cause jury.
Art. 19.003. TERMS. (a) A probable cause juror appointed
under Article 19.001(b)(1) serves a term of five years.
(b) A probable cause juror appointed under Article
19.001(b)(2) serves a term of seven years.
(c) A probable cause juror appointed under Article
19.001(b)(3) serves a term of 10 years.
(d) A probable cause juror appointed under Article 19.001
may be reappointed for a second or subsequent term.
Art. 19.004. COMPENSATION. (a) A probable cause juror
appointed under Article 19.001(b)(1) or (2) is entitled to an
annual salary of $150,000, to be paid by the state.
(b) A probable cause juror appointed under Article
19.001(b)(3) is entitled to an annual salary of $200,000, to be paid
by the state.
SECTION 3. Article 19.34, Code of Criminal Procedure, is
amended to read as follows:
Art. 19.34. OATH OF PROBABLE CAUSE [GRAND] JURORS. When a
probable cause juror is appointed under this chapter, [the grand
jury is completed, the court shall appoint one of the number
foreman; and] the following oath shall be administered by the
court, or under its direction, to the juror [jurors]: "You solemnly
swear that you will diligently inquire into, and true presentment
make, of all such matters and things as shall be given you in
charge; the State's counsel, your fellows and your own, you shall
keep secret, unless required to disclose the same in the course of a
judicial proceeding in which the truth or falsity of evidence given
in the probable cause [grand] jury room, in a criminal case, shall
be under investigation. You shall present no person from envy,
hatred or malice; neither shall you leave any person unpresented
for love, fear, favor, affection or hope of reward; but you shall
present things truly as they come to your knowledge, according to
the best of your understanding, so help you God".
SECTION 4. Article 19.40, Code of Criminal Procedure, is
amended to read as follows:
Art. 19.40. QUORUM. Two [Nine] members shall be a quorum
for the purpose of discharging any duty or exercising any right
properly belonging to the probable cause [grand] jury.
SECTION 5. Article 20.19, Code of Criminal Procedure, is
amended to read as follows:
Art. 20.19. PROBABLE CAUSE [GRAND] JURY SHALL VOTE. After
all the testimony which is accessible to the probable cause [grand]
jury shall have been given in respect to any criminal accusation,
the vote shall be taken as to the presentment of an indictment, and
if two [nine] members concur in finding the bill, the foreman shall
make a memorandum of the same with such data as will enable the
attorney who represents the State to write the indictment.
SECTION 6. Article 20.21, Code of Criminal Procedure, is
amended to read as follows:
Art. 20.21. INDICTMENT PRESENTED. When the indictment is
ready to be presented, the probable cause [grand] jury shall
through their foreman, deliver the indictment to the judge or clerk
of the court. At least two [nine] members of the probable cause
[grand] jury must be present on such occasion.
SECTION 7. Article 27.03, Code of Criminal Procedure, is
amended to read as follows:
Art. 27.03. MOTION TO SET ASIDE INDICTMENT. In addition to
any other grounds authorized by law, a motion to set aside an
indictment or information may be based on the following:
1. That it appears by the records of the court that the
indictment was not found by at least two probable cause [nine grand]
jurors, or that the information was not based upon a valid
complaint; or
2. That some person not authorized by law was present when
the probable cause [grand] jury was deliberating upon the
accusation against the defendant, or was voting upon the same[; and
[3. That the grand jury was illegally impaneled; provided,
however, in order to raise such question on motion to set aside the
indictment, the defendant must show that he did not have an
opportunity to challenge the array at the time the grand jury was
impaneled].
SECTION 8. Article 27.09, Code of Criminal Procedure, is
amended to read as follows:
Art. 27.09. EXCEPTION TO FORM OF INDICTMENT. Exceptions to
the form of an indictment or information may be taken for the
following causes only:
1. That it does not appear to have been presented in the
proper court as required by law; or
2. The want of any requisite prescribed by Articles 21.02 and
21.21.
[3. That it was not returned by a lawfully chosen or
empaneled grand jury.]
SECTION 9. Section 53.045(b), Family Code, is amended to
read as follows:
(b) A probable cause [grand] jury may approve a petition
submitted to it under this section by a vote of two [nine] members
of the probable cause [grand] jury in the same manner that the
probable cause [grand] jury votes on the presentment of an
indictment.
SECTION 10. Section 24.014(b), Government Code, is amended
to read as follows:
(b) The judge may appoint jury commissioners who select and
draw [grand and] petit jurors as provided by law. The jurors may be
summoned to appear before the court at the time designated by the
judge.
SECTION 11. Section 24.135(c), Government Code, is amended
to read as follows:
(c) The judge of the 33rd District Court may [select jury
commissioners and impanel grand juries in each county. The judge
of the 33rd District Court may alternate the drawing of grand juries
with the judge of any other district court in each county within the
33rd Judicial District and may] order [grand and] petit juries to be
drawn for any term of the court as the judge determines is
necessary, by an order entered in the minutes of the court.
Indictments within each county may be returned to either court
within that county.
SECTION 12. Section 24.213(e), Government Code, is amended
to read as follows:
(e) A criminal complaint may be presented to the probable
cause [grand] jury [of any district court] in Webb County, and a
resulting indictment may be returned to any [other] district court
in Webb County with the appropriate criminal jurisdiction.
SECTION 13. Section 24.377(b), Government Code, is amended
to read as follows:
(b) The judge of the 198th District Court may [select jury
commissioners and impanel grand juries in each county. The judge of
the 198th District Court may alternate the drawing of grand juries
with the judge of any other district court in each county within the
judge's district and may] order [grand and] petit juries to be drawn
for any term of the judge's court as in the judge's judgment is
necessary, by an order entered in the minutes of the court.
Indictments within each county may be returned to either court
within that county.
SECTION 14. Section 24.396(b), Government Code, is amended
to read as follows:
(b) [The judge of the 218th District Court may select grand
jury commissioners and impanel grand juries in each county in the
district but is not required to impanel a grand jury in any county
except when he considers it necessary. The judge may alternate the
impaneling of grand juries in each county with the judge of any
other district court in that county, or the judges may by agreement
determine which one of the courts will impanel the grand juries.]
Indictments within each county may be returned to any district
court within that county. All [grand and] petit juries drawn for
one district court in each county are interchangeable with any
other district court in that county as if the jury had been drawn
for the court in which it is used.
SECTION 15. Sections 24.487(b) and (d), Government Code,
are amended to read as follows:
(b) [The judge of the 341st District Court may select jury
commissioners and impanel grand juries in Webb County. The judge
of the 341st District Court may alternate the drawing of grand
juries with the judge of any other district court in the
county.] By order entered on the minutes, for any term that the
judge considers it necessary, the judge of the 341st District Court
may order [grand and] petit juries to be drawn.
(d) A criminal complaint may be presented to the probable
cause [grand] jury [of any district court] in Webb County, and a
resulting indictment may be returned to any [other] district court
in Webb County with the appropriate criminal jurisdiction.
SECTION 16. Section 24.551(f), Government Code, is amended
to read as follows:
(f) A criminal complaint may be presented to the probable
cause [grand] jury [of any district court] in Webb County, and a
resulting indictment may be returned to any [other] district court
in Webb County with the appropriate criminal jurisdiction.
SECTION 17. Section 24.568(d), Government Code, is amended
to read as follows:
(d) The judge of the 424th District Court may [select jury
commissioners and impanel grand juries in each county. The judge
of the 424th District Court may alternate the drawing of grand
juries with the judge of any other district court in each county
within the 424th Judicial District and may] order [grand and] petit
juries to be drawn for any term of the court as the judge determines
is necessary, by an order entered in the minutes of the
court. Indictments within each county may be returned to either
court within that county.
SECTION 18. Section 53.072, Government Code, is amended to
read as follows:
Sec. 53.072. PROBABLE CAUSE [GRAND] JURY BAILIFFS IN
GALVESTON COUNTY. The judge of a district court in Galveston County
[impaneling a grand jury] shall appoint not more than six probable
cause [grand] jury bailiffs.
SECTION 19. Section 54.976(d), Government Code, is amended
to read as follows:
(d) A judge may refer to a magistrate proceedings involving
a probable cause [grand] jury, including issuance of probable cause
[grand] jury subpoenas, receipt of probable cause [grand] jury
reports on behalf of a district judge, the granting of a probable
cause [grand] jury request to recess, and motions to compel
testimony [, and discharge of a grand jury at the end of a term. A
magistrate may not impanel a grand jury].
SECTION 20. The heading to Section 402.024, Government
Code, is amended to read as follows:
Sec. 402.024. DEFENSE OF DISTRICT ATTORNEY [, GRAND JURY
COMMISSIONER,] OR PROBABLE CAUSE [GRAND] JUROR.
SECTION 21. Section 402.024(b), Government Code, is amended
to read as follows:
(b) The attorney general shall defend a state probable cause
[grand jury commissioner or grand] juror who is a defendant in an
action in any court if:
(1) the suit involves an act of the person while in the
performance of duties as a probable cause [grand jury commissioner
or grand] juror; and
(2) the person requests the attorney general's
assistance in the defense.
SECTION 22. The following provisions are repealed:
(1) Articles 19.01, 19.02, 19.03, 19.04, 19.05, 19.06,
19.07, 19.08, 19.09, 19.10, 19.11, 19.12, 19.13, 19.14, 19.15,
19.16, 19.17, 19.18, 19.19, 19.20, 19.21, 19.22, 19.23, 19.24,
19.25, 19.26, 19.27, 19.28, 19.29, 19.30, 19.31, 19.32, 19.33,
19.35, 19.39, 19.41, and 19.42, Code of Criminal Procedure;
(2) Sections 24.014(c), 24.129(d), 24.136(d),
24.161(c), 24.164(d), 24.191(c), and 24.193(d), Government Code;
and
(3) Section 152.015(b), Local Government Code.
SECTION 23. (a) The appointments required by Article
19.001, Code of Criminal Procedure, as added by this Act, must be
made on or before January 1, 2016, to terms beginning January 1,
2016.
(b) The term of a grand jury that is impaneled before the
effective date of this Act and whose term has not yet expired:
(1) expires on January 1, 2016, if the grand jury's
term is set to expire after January 1, 2016; and
(2) is extended to January 1, 2016, if the grand jury's
term is set to expire before January 1, 2016.
(c) Except as provided by Subsections (b) and (d), the
changes in law made by this Act apply to a probable cause jury
appointed 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.
(d) Section 402.024(b), Government Code, as amended by this
Act, applies only to a court action arising from an act of a person
that occurs on or after the effective date of this Act. A court
action arising from an act of a person that occurred before the
effective date of this Act is governed by the law in effect on the
date the act occurred, and the former law is continued in effect for
that purpose.
SECTION 24. This Act takes effect on the date on which the
constitutional amendment proposed by the 84th Legislature, Regular
Session, 2015, to change the composition of the grand jury takes
effect. If that amendment is not approved by the voters, this Act
has no effect.