S.B. No. 1298
AN ACT
relating to the selection and summons of prospective grand jurors.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 19.01, Code of Criminal Procedure, is
amended to read as follows:
Art. 19.01. SELECTION AND SUMMONS OF PROSPECTIVE GRAND
JURORS. The district judge shall direct that the number of [20 to
125] prospective grand jurors the judge considers necessary to
ensure an adequate number of jurors under Article 19.26 be selected
and summoned, with return on summons, in the same manner as for the
selection and summons of panels for the trial of civil cases in the
district courts. The judge shall try the qualifications for and
excuses from service as a grand juror and impanel the completed
grand jury as provided by this chapter.
SECTION 2. Article 19.08, Code of Criminal Procedure, is
amended to read as follows:
Art. 19.08. QUALIFICATIONS. A [No] person may [shall] be
selected or serve as a grand juror only if the person [who does not
possess the following qualifications]:
(1) is at least 18 years of age;
(2) is [1. The person must be] a citizen of the United
States;
(3) is a resident of this state, and of the county in
which the person is to serve;
(4) is[, and be] qualified under the Constitution and
laws to vote in the [said] county in which the grand jury is
sitting, regardless of whether the person is registered [provided
that the person's failure to register] to vote [shall not be held to
disqualify the person in this instance];
(5) is [2. The person must be] of sound mind and good
moral character;
(6) is [3. The person must be] able to read and write;
(7) has not [4. The person must not have] been
convicted of misdemeanor theft or a felony;
(8) is not [5. The person must not be] under
indictment or other legal accusation for misdemeanor theft or a
felony;
(9) is [6. The person must] not [be] related within
the third degree of consanguinity or second degree of affinity, as
determined under Chapter 573, Government Code, to any person
selected to serve or serving on the same grand jury;
(10) has [7. The person must] not [have] served as
grand juror in the year before the date on which the term of court
for which the person has been selected as grand juror begins; and
(11) is [8. The person must] not [be] a complainant
in any matter to be heard by the grand jury during the term of court
for which the person has been selected as a grand juror.
SECTION 3. 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 4. This Act takes effect September 1, 2017.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1298 passed the Senate on
April 26, 2017, by the following vote: Yeas 31, Nays 0; and that
the Senate concurred in House amendment on May 27, 2017, by the
following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1298 passed the House, with
amendment, on May 24, 2017, by the following vote: Yeas 146,
Nays 0, two present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor