Texas 2015 - 84th Regular

Texas House Bill HB2617 Compare Versions

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

Old	New	Differences
1	1	84R9384 AJZ-D
2	2	By: Dutton H.B. No. 2617
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to reorganizing the grand jury as the probable cause jury.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. The heading to Chapter 19, Code of Criminal
10	10	Procedure, is amended to read as follows:
11	11	CHAPTER 19. ORGANIZATION OF THE PROBABLE CAUSE [GRAND] JURY
12	12	SECTION 2. Chapter 19, Code of Criminal Procedure, is
13	13	amended by adding Articles 19.001, 19.002, 19.003, and 19.004 to
14	14	read as follows:
15	15	Art. 19.001. ORGANIZATION OF PROBABLE CAUSE JURY. (a) The
16	16	probable cause jury is composed of a three-person panel in each
17	17	county that serves as the probable cause jury for that county.
18	18	(b) The probable cause jurors shall be appointed as follows:
19	19	(1) one probable cause juror appointed by the
20	20	presiding officer of the governing body of the municipality with
21	21	the largest population in the county, with the approval of the
22	22	governing body of the municipality;
23	23	(2) one probable cause juror appointed by the county
24	24	judge, with the approval of the commissioners court; and
25	25	(3) one probable cause juror appointed by the probable
26	26	cause jurors appointed under Subdivisions (1) and (2).
27	27	(c) The probable cause juror that is appointed under
28	28	Subsection (b)(3) shall serve as the foreman.
29	29	(d) A reference in this code or other law to a grand jury
30	30	means a probable cause jury established under this article. A
31	31	reference in this code or other law to a grand juror means a member
32	32	of the probable cause jury established under this article.
33	33	Art. 19.002. QUALIFICATIONS. A person appointed to serve
34	34	as a probable cause juror under Article 19.001:
35	35	(1) must be a licensed attorney;
36	36	(2) must have practiced law for at least 10 years;
37	37	(3) may not have been employed by a district attorney's
38	38	office during the two-year period preceding the appointment; and
39	39	(4) may not engage in the private practice of law
40	40	during the person's tenure on the probable cause jury.
41	41	Art. 19.003. TERMS. (a) A probable cause juror appointed
42	42	under Article 19.001(b)(1) serves a term of five years.
43	43	(b) A probable cause juror appointed under Article
44	44	19.001(b)(2) serves a term of seven years.
45	45	(c) A probable cause juror appointed under Article
46	46	19.001(b)(3) serves a term of 10 years.
47	47	(d) A probable cause juror appointed under Article 19.001
48	48	may be reappointed for a second or subsequent term.
49	49	Art. 19.004. COMPENSATION. (a) A probable cause juror
50	50	appointed under Article 19.001(b)(1) or (2) is entitled to an
51	51	annual salary of $150,000, to be paid by the state.
52	52	(b) A probable cause juror appointed under Article
53	53	19.001(b)(3) is entitled to an annual salary of $200,000, to be paid
54	54	by the state.
55	55	SECTION 3. Article 19.34, Code of Criminal Procedure, is
56	56	amended to read as follows:
57	57	Art. 19.34. OATH OF PROBABLE CAUSE [GRAND] JURORS. When a
58	58	probable cause juror is appointed under this chapter, [the grand
59	59	jury is completed, the court shall appoint one of the number
60	60	foreman; and] the following oath shall be administered by the
61	61	court, or under its direction, to the juror [jurors]: "You solemnly
62	62	swear that you will diligently inquire into, and true presentment
63	63	make, of all such matters and things as shall be given you in
64	64	charge; the State's counsel, your fellows and your own, you shall
65	65	keep secret, unless required to disclose the same in the course of a
66	66	judicial proceeding in which the truth or falsity of evidence given
67	67	in the probable cause [grand] jury room, in a criminal case, shall
68	68	be under investigation. You shall present no person from envy,
69	69	hatred or malice; neither shall you leave any person unpresented
70	70	for love, fear, favor, affection or hope of reward; but you shall
71	71	present things truly as they come to your knowledge, according to
72	72	the best of your understanding, so help you God".
73	73	SECTION 4. Article 19.40, Code of Criminal Procedure, is
74	74	amended to read as follows:
75	75	Art. 19.40. QUORUM. Two [Nine] members shall be a quorum
76	76	for the purpose of discharging any duty or exercising any right
77	77	properly belonging to the probable cause [grand] jury.
78	78	SECTION 5. Article 20.19, Code of Criminal Procedure, is
79	79	amended to read as follows:
80	80	Art. 20.19. PROBABLE CAUSE [GRAND] JURY SHALL VOTE. After
81	81	all the testimony which is accessible to the probable cause [grand]
82	82	jury shall have been given in respect to any criminal accusation,
83	83	the vote shall be taken as to the presentment of an indictment, and
84	84	if two [nine] members concur in finding the bill, the foreman shall
85	85	make a memorandum of the same with such data as will enable the
86	86	attorney who represents the State to write the indictment.
87	87	SECTION 6. Article 20.21, Code of Criminal Procedure, is
88	88	amended to read as follows:
89	89	Art. 20.21. INDICTMENT PRESENTED. When the indictment is
90	90	ready to be presented, the probable cause [grand] jury shall
91	91	through their foreman, deliver the indictment to the judge or clerk
92	92	of the court. At least two [nine] members of the probable cause
93	93	[grand] jury must be present on such occasion.
94	94	SECTION 7. Article 27.03, Code of Criminal Procedure, is
95	95	amended to read as follows:
96	96	Art. 27.03. MOTION TO SET ASIDE INDICTMENT. In addition to
97	97	any other grounds authorized by law, a motion to set aside an
98	98	indictment or information may be based on the following:
99	99	1. That it appears by the records of the court that the
100	100	indictment was not found by at least two probable cause [nine grand]
101	101	jurors, or that the information was not based upon a valid
102	102	complaint; or
103	103	2. That some person not authorized by law was present when
104	104	the probable cause [grand] jury was deliberating upon the
105	105	accusation against the defendant, or was voting upon the same[; and
106	106	[3. That the grand jury was illegally impaneled; provided,
107	107	however, in order to raise such question on motion to set aside the
108	108	indictment, the defendant must show that he did not have an
109	109	opportunity to challenge the array at the time the grand jury was
110	110	impaneled].
111	111	SECTION 8. Article 27.09, Code of Criminal Procedure, is
112	112	amended to read as follows:
113	113	Art. 27.09. EXCEPTION TO FORM OF INDICTMENT. Exceptions to
114	114	the form of an indictment or information may be taken for the
115	115	following causes only:
116	116	1. That it does not appear to have been presented in the
117	117	proper court as required by law; or
118	118	2. The want of any requisite prescribed by Articles 21.02 and
119	119	21.21.
120	120	[3. That it was not returned by a lawfully chosen or
121	121	empaneled grand jury.]
122	122	SECTION 9. Section 53.045(b), Family Code, is amended to
123	123	read as follows:
124	124	(b) A probable cause [grand] jury may approve a petition
125	125	submitted to it under this section by a vote of two [nine] members
126	126	of the probable cause [grand] jury in the same manner that the
127	127	probable cause [grand] jury votes on the presentment of an
128	128	indictment.
129	129	SECTION 10. Section 24.014(b), Government Code, is amended
130	130	to read as follows:
131	131	(b) The judge may appoint jury commissioners who select and
132	132	draw [grand and] petit jurors as provided by law. The jurors may be
133	133	summoned to appear before the court at the time designated by the
134	134	judge.
135	135	SECTION 11. Section 24.135(c), Government Code, is amended
136	136	to read as follows:
137	137	(c) The judge of the 33rd District Court may [select jury
138	138	commissioners and impanel grand juries in each county. The judge
139	139	of the 33rd District Court may alternate the drawing of grand juries
140	140	with the judge of any other district court in each county within the
141	141	33rd Judicial District and may] order [grand and] petit juries to be
142	142	drawn for any term of the court as the judge determines is
143	143	necessary, by an order entered in the minutes of the court.
144	144	Indictments within each county may be returned to either court
145	145	within that county.
146	146	SECTION 12. Section 24.213(e), Government Code, is amended
147	147	to read as follows:
148	148	(e) A criminal complaint may be presented to the probable
149	149	cause [grand] jury [of any district court] in Webb County, and a
150	150	resulting indictment may be returned to any [other] district court
151	151	in Webb County with the appropriate criminal jurisdiction.
152	152	SECTION 13. Section 24.377(b), Government Code, is amended
153	153	to read as follows:
154	154	(b) The judge of the 198th District Court may [select jury
155	155	commissioners and impanel grand juries in each county. The judge of
156	156	the 198th District Court may alternate the drawing of grand juries
157	157	with the judge of any other district court in each county within the
158	158	judge's district and may] order [grand and] petit juries to be drawn
159	159	for any term of the judge's court as in the judge's judgment is
160	160	necessary, by an order entered in the minutes of the court.
161	161	Indictments within each county may be returned to either court
162	162	within that county.
163	163	SECTION 14. Section 24.396(b), Government Code, is amended
164	164	to read as follows:
165	165	(b) [The judge of the 218th District Court may select grand
166	166	jury commissioners and impanel grand juries in each county in the
167	167	district but is not required to impanel a grand jury in any county
168	168	except when he considers it necessary. The judge may alternate the
169	169	impaneling of grand juries in each county with the judge of any
170	170	other district court in that county, or the judges may by agreement
171	171	determine which one of the courts will impanel the grand juries.]
172	172	Indictments within each county may be returned to any district
173	173	court within that county. All [grand and] petit juries drawn for
174	174	one district court in each county are interchangeable with any
175	175	other district court in that county as if the jury had been drawn
176	176	for the court in which it is used.
177	177	SECTION 15. Sections 24.487(b) and (d), Government Code,
178	178	are amended to read as follows:
179	179	(b) [The judge of the 341st District Court may select jury
180	180	commissioners and impanel grand juries in Webb County. The judge
181	181	of the 341st District Court may alternate the drawing of grand
182	182	juries with the judge of any other district court in the
183	183	county.] By order entered on the minutes, for any term that the
184	184	judge considers it necessary, the judge of the 341st District Court
185	185	may order [grand and] petit juries to be drawn.
186	186	(d) A criminal complaint may be presented to the probable
187	187	cause [grand] jury [of any district court] in Webb County, and a
188	188	resulting indictment may be returned to any [other] district court
189	189	in Webb County with the appropriate criminal jurisdiction.
190	190	SECTION 16. Section 24.551(f), Government Code, is amended
191	191	to read as follows:
192	192	(f) A criminal complaint may be presented to the probable
193	193	cause [grand] jury [of any district court] in Webb County, and a
194	194	resulting indictment may be returned to any [other] district court
195	195	in Webb County with the appropriate criminal jurisdiction.
196	196	SECTION 17. Section 24.568(d), Government Code, is amended
197	197	to read as follows:
198	198	(d) The judge of the 424th District Court may [select jury
199	199	commissioners and impanel grand juries in each county. The judge
200	200	of the 424th District Court may alternate the drawing of grand
201	201	juries with the judge of any other district court in each county
202	202	within the 424th Judicial District and may] order [grand and] petit
203	203	juries to be drawn for any term of the court as the judge determines
204	204	is necessary, by an order entered in the minutes of the
205	205	court. Indictments within each county may be returned to either
206	206	court within that county.
207	207	SECTION 18. Section 53.072, Government Code, is amended to
208	208	read as follows:
209	209	Sec. 53.072. PROBABLE CAUSE [GRAND] JURY BAILIFFS IN
210	210	GALVESTON COUNTY. The judge of a district court in Galveston County
211	211	[impaneling a grand jury] shall appoint not more than six probable
212	212	cause [grand] jury bailiffs.
213	213	SECTION 19. Section 54.976(d), Government Code, is amended
214	214	to read as follows:
215	215	(d) A judge may refer to a magistrate proceedings involving
216	216	a probable cause [grand] jury, including issuance of probable cause
217	217	[grand] jury subpoenas, receipt of probable cause [grand] jury
218	218	reports on behalf of a district judge, the granting of a probable
219	219	cause [grand] jury request to recess, and motions to compel
220	220	testimony [, and discharge of a grand jury at the end of a term. A
221	221	magistrate may not impanel a grand jury].
222	222	SECTION 20. The heading to Section 402.024, Government
223	223	Code, is amended to read as follows:
224	224	Sec. 402.024. DEFENSE OF DISTRICT ATTORNEY [, GRAND JURY
225	225	COMMISSIONER,] OR PROBABLE CAUSE [GRAND] JUROR.
226	226	SECTION 21. Section 402.024(b), Government Code, is amended
227	227	to read as follows:
228	228	(b) The attorney general shall defend a state probable cause
229	229	[grand jury commissioner or grand] juror who is a defendant in an
230	230	action in any court if:
231	231	(1) the suit involves an act of the person while in the
232	232	performance of duties as a probable cause [grand jury commissioner
233	233	or grand] juror; and
234	234	(2) the person requests the attorney general's
235	235	assistance in the defense.
236	236	SECTION 22. The following provisions are repealed:
237	237	(1) Articles 19.01, 19.02, 19.03, 19.04, 19.05, 19.06,
238	238	19.07, 19.08, 19.09, 19.10, 19.11, 19.12, 19.13, 19.14, 19.15,
239	239	19.16, 19.17, 19.18, 19.19, 19.20, 19.21, 19.22, 19.23, 19.24,
240	240	19.25, 19.26, 19.27, 19.28, 19.29, 19.30, 19.31, 19.32, 19.33,
241	241	19.35, 19.39, 19.41, and 19.42, Code of Criminal Procedure;
242	242	(2) Sections 24.014(c), 24.129(d), 24.136(d),
243	243	24.161(c), 24.164(d), 24.191(c), and 24.193(d), Government Code;
244	244	and
245	245	(3) Section 152.015(b), Local Government Code.
246	246	SECTION 23. (a) The appointments required by Article
247	247	19.001, Code of Criminal Procedure, as added by this Act, must be
248	248	made on or before January 1, 2016, to terms beginning January 1,
249	249	2016.
250	250	(b) The term of a grand jury that is impaneled before the
251	251	effective date of this Act and whose term has not yet expired:
252	252	(1) expires on January 1, 2016, if the grand jury's
253	253	term is set to expire after January 1, 2016; and
254	254	(2) is extended to January 1, 2016, if the grand jury's
255	255	term is set to expire before January 1, 2016.
256	256	(c) Except as provided by Subsections (b) and (d), the
257	257	changes in law made by this Act apply to a probable cause jury
258	258	appointed on or after the effective date of this Act. A grand jury
259	259	impaneled before the effective date of this Act is governed by the
260	260	law in effect on the date the grand jury was impaneled, and the
261	261	former law is continued in effect for that purpose.
262	262	(d) Section 402.024(b), Government Code, as amended by this
263	263	Act, applies only to a court action arising from an act of a person
264	264	that occurs on or after the effective date of this Act. A court
265	265	action arising from an act of a person that occurred before the
266	266	effective date of this Act is governed by the law in effect on the
267	267	date the act occurred, and the former law is continued in effect for
268	268	that purpose.
269	269	SECTION 24. This Act takes effect on the date on which the
270	270	constitutional amendment proposed by the 84th Legislature, Regular
271	271	Session, 2015, to change the composition of the grand jury takes
272	272	effect. If that amendment is not approved by the voters, this Act
273	273	has no effect.