| 1 | 1 | | 85R3491 MEW-F |
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| 2 | 2 | | By: Landgraf H.B. No. 2286 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the qualifications for service as a grand juror and to |
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| 8 | 8 | | the selection of grand jurors. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Article 19.01, Code of Criminal Procedure, is |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | Art. 19.01. SELECTION AND SUMMONS OF PROSPECTIVE GRAND |
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| 13 | 13 | | JURORS. The district judge shall direct that the number of [20 to |
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| 14 | 14 | | 125] prospective grand jurors the judge considers necessary to |
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| 15 | 15 | | ensure an adequate number of jurors under Article 19.26 be selected |
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| 16 | 16 | | and summoned, with return on summons, in the same manner as for the |
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| 17 | 17 | | selection and summons of panels for the trial of civil cases in the |
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| 18 | 18 | | district courts. The judge shall try the qualifications for and |
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| 19 | 19 | | excuses from service as a grand juror and impanel the completed |
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| 20 | 20 | | grand jury as provided by this chapter. |
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| 21 | 21 | | SECTION 2. Article 19.08, Code of Criminal Procedure, is |
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| 22 | 22 | | amended to read as follows: |
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| 23 | 23 | | Art. 19.08. QUALIFICATIONS. A [No] person may [shall] be |
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| 24 | 24 | | selected or serve as a grand juror only if the person [who does not |
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| 25 | 25 | | possess the following qualifications]: |
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| 26 | 26 | | (1) is at least 18 years of age; |
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| 27 | 27 | | (2) is [1. The person must be] a citizen of the United |
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| 28 | 28 | | States; |
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| 29 | 29 | | (3) is a resident of this state, and of the county in |
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| 30 | 30 | | which the person is to serve; |
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| 31 | 31 | | (4) is [, and be] qualified under the Constitution and |
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| 32 | 32 | | laws to vote in the [said] county in which the grand jury is |
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| 33 | 33 | | sitting, regardless of whether the person is registered [provided |
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| 34 | 34 | | that the person's failure to register] to vote [shall not be held to |
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| 35 | 35 | | disqualify the person in this instance]; |
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| 36 | 36 | | (5) is [2. The person must be] of sound mind and good |
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| 37 | 37 | | moral character; |
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| 38 | 38 | | (6) is [3. The person must be] able to read and write; |
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| 39 | 39 | | (7) has not [4. The person must not have] been |
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| 40 | 40 | | convicted of misdemeanor theft or a felony; |
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| 41 | 41 | | (8) is not [5. The person must not be] under |
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| 42 | 42 | | indictment or other legal accusation for misdemeanor theft or a |
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| 43 | 43 | | felony; |
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| 44 | 44 | | (9) is [6. The person must] not [be] related within |
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| 45 | 45 | | the third degree of consanguinity or second degree of affinity, as |
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| 46 | 46 | | determined under Chapter 573, Government Code, to any person |
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| 47 | 47 | | selected to serve or serving on the same grand jury; |
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| 48 | 48 | | (10) has [7. The person must] not [have] served as |
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| 49 | 49 | | grand juror in the year before the date on which the term of court |
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| 50 | 50 | | for which the person has been selected as grand juror begins; and |
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| 51 | 51 | | (11) is [8. The person must] not [be] a complainant |
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| 52 | 52 | | in any matter to be heard by the grand jury during the term of court |
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| 53 | 53 | | for which the person has been selected as a grand juror. |
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| 54 | 54 | | SECTION 3. Article 19.25, Code of Criminal Procedure, is |
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| 55 | 55 | | amended to read as follows: |
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| 56 | 56 | | Art. 19.25. EXCUSES FROM SERVICE. Any person summoned who |
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| 57 | 57 | | does not possess the requisite qualifications shall be excused by |
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| 58 | 58 | | the court from serving. The following qualified persons may be |
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| 59 | 59 | | excused from grand jury service: |
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| 60 | 60 | | (1) a person older than 70 years; |
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| 61 | 61 | | (2) a person responsible for the care of a child |
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| 62 | 62 | | younger than 12 [18] years of age if the person's service on the |
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| 63 | 63 | | grand jury would require leaving the child without adequate |
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| 64 | 64 | | supervision; |
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| 65 | 65 | | (3) a student of a public or private secondary school; |
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| 66 | 66 | | (4) a person enrolled and in actual attendance at an |
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| 67 | 67 | | institution of higher education; and |
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| 68 | 68 | | (5) any other person that the court determines has a |
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| 69 | 69 | | reasonable excuse from service. |
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| 70 | 70 | | SECTION 4. The changes in law made by this Act apply to a |
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| 71 | 71 | | grand jury impaneled on or after the effective date of this Act. A |
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| 72 | 72 | | grand jury impaneled before the effective date of this Act is |
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| 73 | 73 | | governed by the law in effect on the date the grand jury was |
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| 74 | 74 | | impaneled, and the former law is continued in effect for that |
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| 75 | 75 | | purpose. |
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| 76 | 76 | | SECTION 5. This Act takes effect September 1, 2017. |
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