| 1 | 1 | | 88R24386 JTZ-D |
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| 2 | 2 | | By: Hayes H.B. No. 4671 |
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| 3 | 3 | | Substitute the following for H.B. No. 4671: |
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| 4 | 4 | | By: Moody C.S.H.B. No. 4671 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the qualifications and summoning of grand jurors. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Article 19A.052, Code of Criminal Procedure, is |
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| 12 | 12 | | amended to read as follows: |
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| 13 | 13 | | Art. 19A.052. QUALIFIED PERSONS SUMMONED. On directing the |
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| 14 | 14 | | sheriff or clerk of the district court to summon grand jurors, the |
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| 15 | 15 | | court shall instruct the sheriff or clerk of the district court to |
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| 16 | 16 | | not summon a person to serve as a grand juror who does not possess |
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| 17 | 17 | | the qualifications prescribed by law. |
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| 18 | 18 | | SECTION 2. Article 19A.053, Code of Criminal Procedure, is |
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| 19 | 19 | | amended to read as follows: |
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| 20 | 20 | | Art. 19A.053. ADDITIONAL QUALIFIED PERSONS SUMMONED. (a) |
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| 21 | 21 | | If fewer than 16 persons summoned to serve as grand jurors are found |
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| 22 | 22 | | to be in attendance and qualified to serve, the court shall order |
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| 23 | 23 | | the sheriff or clerk of the district court to summon an additional |
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| 24 | 24 | | number of persons considered necessary to constitute a grand jury |
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| 25 | 25 | | of 12 grand jurors and four alternate grand jurors. |
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| 26 | 26 | | (b) The sheriff or clerk of the district court shall summon |
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| 27 | 27 | | the additional prospective grand jurors under Subsection (a) in |
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| 28 | 28 | | person to attend before the court immediately. |
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| 29 | 29 | | SECTION 3. Article 19A.101, Code of Criminal Procedure, is |
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| 30 | 30 | | amended to read as follows: |
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| 31 | 31 | | Art. 19A.101. GRAND JUROR QUALIFICATIONS. (a) A person may |
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| 32 | 32 | | be selected or serve as a grand juror only if the person: |
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| 33 | 33 | | (1) is at least 18 years of age; |
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| 34 | 34 | | (2) is a citizen of the United States; |
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| 35 | 35 | | (3) is a resident of this state and of the county in |
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| 36 | 36 | | which the person is to serve; |
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| 37 | 37 | | (4) is qualified under the constitution and other laws |
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| 38 | 38 | | to vote in the county in which the grand jury is sitting, regardless |
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| 39 | 39 | | of whether the person is registered to vote; |
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| 40 | 40 | | (5) is of sound mind and good moral character; |
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| 41 | 41 | | (6) is able to read and write; |
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| 42 | 42 | | (7) has never [not] been convicted of misdemeanor |
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| 43 | 43 | | theft or a felony; |
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| 44 | 44 | | (8) is not under indictment or other legal accusation |
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| 45 | 45 | | for misdemeanor theft or a felony; |
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| 46 | 46 | | (9) is not related within the third degree by |
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| 47 | 47 | | consanguinity or second degree by affinity, as determined under |
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| 48 | 48 | | Chapter 573, Government Code, to any person selected to serve or |
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| 49 | 49 | | serving on the same grand jury; |
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| 50 | 50 | | (10) has not served as a grand juror in the year before |
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| 51 | 51 | | the date on which the term of court for which the person has been |
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| 52 | 52 | | selected as a grand juror begins; and |
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| 53 | 53 | | (11) is not a complainant in any matter to be heard by |
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| 54 | 54 | | the grand jury during the term of court for which the person has |
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| 55 | 55 | | been selected as a grand juror. |
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| 56 | 56 | | (b) On the third business day of each month, the clerk of the |
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| 57 | 57 | | district court shall prepare a list of persons who in the preceding |
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| 58 | 58 | | month were disqualified from serving as a grand juror based on the |
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| 59 | 59 | | person's citizenship or indictment or conviction for misdemeanor |
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| 60 | 60 | | theft or a felony and send a copy of the list to the secretary of |
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| 61 | 61 | | state. |
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| 62 | 62 | | SECTION 4. This Act applies only to the summoning of grand |
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| 63 | 63 | | jurors on or after the effective date of this Act. The summoning of |
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| 64 | 64 | | grand jurors before the effective date of this Act is governed by |
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| 65 | 65 | | the law in effect immediately before the effective date of this Act, |
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| 66 | 66 | | and the former law is continued in effect for that purpose. |
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| 67 | 67 | | SECTION 5. This Act takes effect September 1, 2023. |
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