89R20416 BCH-F
By: DeAyala H.B. No. 2637
Substitute the following for H.B. No. 2637:
By: Hayes C.S.H.B. No. 2637
A BILL TO BE ENTITLED
AN ACT
relating to the practice and procedures for summoning prospective
grand jurors and petit jurors and the exemption of certain persons
from grand jury and petit jury service.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 19A.051(c), Code of Criminal Procedure,
is amended to read as follows:
(c) The judge shall test the qualifications for and
exemptions [excuses] from service as a grand juror and impanel the
completed grand jury as provided by this chapter.
SECTION 2. The heading to Subchapter C, Chapter 19A, Code of
Criminal Procedure, is amended to read as follows:
SUBCHAPTER C. GRAND JUROR QUALIFICATIONS; EXEMPTIONS [EXCUSES]
FROM SERVICE
SECTION 3. Article 19A.101, Code of Criminal Procedure, is
amended to read as follows:
Art. 19A.101. GRAND JUROR QUALIFICATIONS; LISTS OF
DISQUALIFIED PERSONS. (a) A person may be selected or serve as a
grand juror only if the person:
(1) is at least 18 years of age;
(2) is 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 qualified under the constitution and other laws
to vote in the county in which the grand jury is sitting, regardless
of whether the person is registered to vote;
(5) is of sound mind and good moral character;
(6) is able to read and write;
(7) has never been convicted of misdemeanor theft [or
a felony];
(8) has never been convicted of a felony;
(9) is not under indictment or other legal accusation
for misdemeanor theft or a felony;
(10) [(9)] is not related within the third degree by
consanguinity or second degree by affinity, as determined under
Chapter 573, Government Code, to any person selected to serve or
serving on the same grand jury;
(11) [(10)] has not served as a grand juror in the year
before the date on which the term of court for which the person has
been selected as a grand juror begins; and
(12) [(11)] is not 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.
(b) On the third business day of each month, the clerk of the
district court shall prepare:
(1) a list of persons who in the preceding month were
disqualified from serving as a grand juror based on the person's
citizenship [or indictment or conviction for misdemeanor theft or a
felony] and send a copy of the list to:
(A) [(1)] the secretary of state;
(B) the voter registrar for the county in which
the grand jury is sitting; and
(C) [(2)] the prosecuting attorney for the court
to which the grand jurors were summoned for investigation into
whether any person made a false claim concerning the person's
qualification under Subsection (a)(2);
(2) a list of persons who in the preceding month were
disqualified from serving as a grand juror based on the person's
residency and send a copy of the list to:
(A) the secretary of state; and
(B) the voter registrar for the county in which
the grand jury is sitting; and
(3) a list of persons who in the preceding month were
disqualified from serving as a grand juror based on the person's
indictment or conviction for misdemeanor theft or a felony and send
a copy of the list to:
(A) the secretary of state;
(B) the voter registrar for the county in which
the grand jury is sitting; and
(C) the prosecuting attorney for the court to
which the grand jurors were summoned for investigation into whether
any person made a false claim concerning the person's qualification
under Subsection (a)(7), (8), or (9) [, (7), or (8)].
SECTION 4. Article 19A.105, Code of Criminal Procedure, is
amended to read as follows:
Art. 19A.105. EXCUSE AND EXEMPTION [EXCUSES] FROM GRAND
JURY SERVICE. (a) The court shall excuse from serving any
summoned person who does not possess the requisite qualifications
or who claims an exemption to which the person is entitled.
(b) The following qualified persons may be exempted
[excused] from grand jury service:
(1) a person who is 75 years of age or older [than 70
years of age];
(2) a person responsible for the care of a child who is
younger than 18 years of age and who will be without adequate
supervision if the person serves on the grand jury;
(3) a student of a public or private secondary school;
(4) a person enrolled in and in actual attendance at an
institution of higher education; and
(5) any other person the court determines has a
reasonable excuse from service.
SECTION 5. Subchapter C, Chapter 19A, Code of Criminal
Procedure, is amended by adding Articles 19A.106 and 19A.107 to
read as follows:
Art. 19A.106. PERMANENT EXEMPTION FOR ELDERLY. (a) A
person who is entitled to exemption from grand jury service because
the person is 75 years of age or older may establish a permanent
exemption on that ground as provided by this article.
(b) A person may claim a permanent exemption by filing with
the district clerk or the clerk of a district court in the county,
through an electronic transmission, mail, or personal delivery, a
signed statement affirming the person is 75 years of age or older
and desires a permanent exemption on that ground.
(c) The district clerk shall maintain a current register of
the name of each person who resides in the county and who has
claimed and is entitled to a permanent exemption from grand jury
service because the person is 75 years of age or older.
(d) On the third business day of each month, the district
clerk shall prepare a list of persons who in the preceding month
were permanently exempted from serving as a grand juror under this
article or rescinded a permanent exemption under Subsection (f) and
send a copy of the list to the secretary of state and the voter
registrar of each county served by the clerk.
(e) A person whose name appears on the register of persons
permanently exempted from serving as a grand juror under this
article may not be selected or summoned for grand jury service by
any district judge in the county.
(f) A person who has claimed a permanent exemption from jury
service under this article may rescind the exemption at any time by
filing a signed request for the rescission with the district clerk
or the clerk of a district court in the county. Rescission of a
permanent exemption does not affect the right of a person who is 75
years of age or older to claim a permanent exemption at a later
time.
Art. 19A.107. LIST OF DISQUALIFIED CONVICTED PERSONS. (a)
The district clerk shall maintain a list of the name and address of
each person who is disqualified under this subchapter from grand
jury service because the person was convicted of misdemeanor theft
or a felony.
(b) A person who was convicted of misdemeanor theft or a
felony is permanently disqualified from serving as a juror.
(c) A person whose name appears on the list maintained under
this article may not be selected or summoned for grand jury service
by any judge of a district court served by the clerk.
(d) On the third business day of each month, the district
clerk shall send a copy of the list maintained under this article
to:
(1) the secretary of state;
(2) the voter registrar for the county in which the
grand jury is sitting; and
(3) the prosecuting attorney for the court to which
the grand jurors were summoned for investigation into whether any
person made a false claim concerning the person's qualification
under Article 19A.101(a)(7) or (8).
SECTION 6. Sections 62.001(a) and (b), Government Code, are
amended to read as follows:
(a) The jury wheel must be reconstituted by using, as the
source:
(1) the names of all persons on the current voter
registration lists from all the precincts in the county; and
(2) all names on a current list to be furnished by the
Department of Public Safety, showing the citizens of the county
who:
(A) hold a valid Texas driver's license or a
valid personal identification card or certificate issued by the
department; and
(B) are not disqualified from jury service under
Section 62.102(1), (2), (3), (7), or (8).
(b) Notwithstanding Subsection (a), the names of persons
listed on a register of persons exempt from jury service may not be
placed in the jury wheel, as provided by Sections 62.108 and[,]
62.109 [, 62.113, 62.114, and 62.115].
SECTION 7. Section 62.0132(g), Government Code, is amended
to read as follows:
(g) The information contained in a completed questionnaire
may be disclosed to:
(1) a judge assigned to hear a cause of action in which
the respondent to the questionnaire is a potential juror;
(2) court personnel;
(3) a litigant and a litigant's attorney in a cause of
action in which the respondent to the questionnaire is a potential
juror; and
(4) other than information provided that is related to
Section 62.102(2), (3), (7), (8), or (9) [62.102(8) or (9)], the
voter registrar of a county in connection with any matter of voter
registration or the administration of elections.
SECTION 8. Section 62.102, Government Code, is amended to
read as follows:
Sec. 62.102. GENERAL QUALIFICATIONS FOR JURY SERVICE. A
person is disqualified to serve as a petit juror unless the person:
(1) is at least 18 years of age;
(2) is a citizen of the United States;
(3) is a resident of this state and of the county in
which the person is to serve as a juror;
(4) is qualified under the constitution and laws to
vote in the county in which the person is to serve as a juror;
(5) is of sound mind and good moral character;
(6) is able to read and write;
(7) [has not served as a petit juror for six days
during the preceding three months in the county court or during the
preceding six months in the district court;
[(8)] has not been convicted of misdemeanor theft [or
a felony];
(8) has not been convicted of a felony; [and]
(9) is not under indictment or other legal accusation
for misdemeanor theft or a felony; and
(10) has not served as a petit juror for six days
during the preceding three months in the county court or during the
preceding six months in the district court.
SECTION 9. Section 62.106(a), Government Code, is amended
to read as follows:
(a) A person qualified to serve as a petit juror may
establish an exemption from jury service if the person:
(1) is [over] 75 years of age or older;
(2) has legal custody of a child younger than 12 years
of age and the person's service on the jury requires leaving the
child without adequate supervision;
(3) is a student of a public or private secondary
school;
(4) is a person enrolled and in actual attendance at an
institution of higher education;
(5) is an officer or an employee of the senate, the
house of representatives, or any department, commission, board,
office, or other agency in the legislative branch of state
government;
(6) is summoned for service in a county with a
population of at least 200,000, unless that county uses a jury plan
under Section 62.011 and the period authorized under Section
62.011(b)(5) exceeds two years, and the person has served as a petit
juror in the county during the 24-month period preceding the date
the person is to appear for jury service;
(7) is the primary caretaker of a person who is unable
to care for himself or herself;
(8) except as provided by Subsection (b), is summoned
for service in a county with a population of at least 250,000 and
the person has served as a petit juror in the county during the
three-year period preceding the date the person is to appear for
jury service; or
(9) is a member of the United States military forces
serving on active duty and deployed to a location away from the
person's home station and out of the person's county of residence.
SECTION 10. Section 62.107(c), Government Code, is amended
to read as follows:
(c) A person who files a statement with a clerk of the court,
as provided by Subsection (a), claiming an exemption because the
person is [over] 75 years of age or older, may also claim the
permanent exemption on that ground authorized by Section 62.108 by
including in the statement filed with the clerk a declaration that
the person desires the permanent exemption. The [Promptly after a
statement claiming a permanent exemption on the basis of age is
filed, the] clerk of the court with whom the declaration [it] is
filed shall notify the secretary of state and [have a copy delivered
to] the voter registrar of the county.
SECTION 11. Section 62.108, Government Code, is amended by
amending Subsections (a), (b), (c), and (e) and adding Subsection
(c-1) to read as follows:
(a) A person who is entitled to exemption from jury service
because the person is [over] 75 years of age or older may establish
a permanent exemption on that ground as provided by this section or
Section 62.107.
(b) A person may claim a permanent exemption:
(1) by filing with the district clerk [voter
registrar] of the county, by mail or personal delivery, a signed
statement affirming that the person is [over] 75 years of age or
older and desires a permanent exemption on that ground; or
(2) in the manner provided by Section 62.107(c).
(c) The district clerk [voter registrar] of the county shall
maintain a current register indicating the name of each person who
has claimed and is entitled to a permanent exemption from jury
service because the person is [over] 75 years of age or older.
(c-1) On the third business day of each month, the district
clerk shall prepare a list of persons who in the preceding month
claimed and were entitled to a permanent exemption under this
section or a rescission of a permanent exemption under Subsection
(e) and send a copy of the list to the secretary of state and the
voter registrar of each county served by the clerk.
(e) A person who has claimed a permanent exemption from jury
service because the person is [over] 75 years of age or older may
rescind the exemption at any time by filing a signed request for the
rescission with the voter registrar of the county. Rescission of a
permanent exemption does not affect the right of a person who is
[over] 75 years of age or older to claim permanent exemption at a
later time.
SECTION 12. Section 62.109, Government Code, is amended by
amending Subsections (a), (b), (d), and (e) and adding Subsection
(b-1) to read as follows:
(a) The judge of a district court or the district clerk [by
order] may permanently or for a specified period exempt from
service as a juror in all the county and district courts in the
county a person with a physical or mental impairment or with an
inability to comprehend or communicate in the English language that
makes it impossible or very difficult for the person to serve on a
jury.
(b) A person requesting an exemption under this section must
submit to the court or the district clerk an affidavit stating the
person's name and address and the reason for and the duration of the
requested exemption. A person requesting an exemption due to a
physical or mental impairment must attach to the affidavit a
statement from a physician. The affidavit and physician's
statement may be submitted to the court at the time the person is
summoned for jury service or at any other time.
(b-1) The district clerk shall maintain a current list
indicating the name of each person permanently or temporarily
exempt under this section and the period of the exemption.
(d) A person included on the list maintained under
Subsection (b-1) [listed on the register] may not be summoned for
jury service during the period for which the person is exempt. The
name of a person included on the list maintained under Subsection
(b-1) [listed on the register] may not be placed in the jury wheel
or otherwise used in preparing the record of names from which a jury
list is selected during the period for which the person is exempt.
(e) A person exempt from jury service under this section may
rescind the exemption at any time by filing a signed request for the
rescission with the district clerk [voter registrar] of the county.
SECTION 13. Sections 62.113(a) and (b), Government Code,
are amended to read as follows:
(a) The clerk of the court shall maintain a list of the name
and address of each person who is [excused or] disqualified under
this subchapter from jury service because the person is not a
citizen of the United States.
(b) On the third business day of each month, the clerk shall
send a copy of the list of persons [excused or] disqualified because
of citizenship in the previous month to:
(1) the voter registrar of the county;
(2) the secretary of state; and
(3) the county or district attorney for an
investigation of whether the person committed an offense under
Section 13.007, Election Code, or other law.
SECTION 14. Sections 62.114(a) and (b), Government Code,
are amended to read as follows:
(a) The clerk of the court shall maintain a list containing
the name and address of each person who is [excused or] disqualified
under this subchapter from jury service because the person is not a
resident of the county.
(b) On the third business day of each month, the clerk shall
send a copy of the list of persons [excused or] disqualified in the
previous month because the persons do not reside in the county to:
(1) the voter registrar of the county; and
(2) the secretary of state.
SECTION 15. Sections 62.115(c) and (d), Government Code,
are amended to read as follows:
(c) The district clerk shall [may] remove from the jury
wheel the jury wheel card for the person whose name appears on the
list.
(d) On the third business day of each month, the clerk shall
send [to the secretary of state] a copy of the list of persons
disqualified because of a conviction of misdemeanor theft or a
felony to:
(1) the secretary of state;
(2) the voter registrar of the county; and
(3) the prosecuting attorney for a court to which a
person was summoned for investigation into whether the person
falsely made a claim related to a disqualification under Section
62.102(7) or (8) [in the preceding month].
SECTION 16. The changes in law made by this Act apply only
to a person who is summoned to appear for service on a grand jury or
petit jury on or after the effective date of this Act. A person who
is summoned to appear for service on a grand jury or petit jury
before the effective date of this Act is governed by the law in
effect on the date the person was summoned, and the former law is
continued in effect for that purpose.
SECTION 17. This Act takes effect September 1, 2025.