Texas 2025 - 89th Regular

Texas Senate Bill SB1647 Compare Versions

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

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1	1	By: Hughes S.B. No. 1647
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6	6	A BILL TO BE ENTITLED
7	7	AN ACT
8	8	relating to the practice and procedures for summoning prospective
9	9	grand jurors and petit jurors and the exemption of certain persons
10	10	from grand jury and petit jury service.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Article 19A.051(c), Code of Criminal Procedure,
13	13	is amended to read as follows:
14	14	(c) The judge shall test the qualifications for and
15	15	exemptions [excuses] from service as a grand juror and impanel the
16	16	completed grand jury as provided by this chapter.
17	17	SECTION 2. The heading to Subchapter C, Chapter 19A, Code of
18	18	Criminal Procedure, is amended to read as follows:
19	19	SUBCHAPTER C. GRAND JUROR QUALIFICATIONS; EXEMPTIONS [EXCUSES]
20	20	FROM SERVICE
21	21	SECTION 3. Article 19A.101, Code of Criminal Procedure, is
22	22	amended to read as follows:
23	23	Art. 19A.101. GRAND JUROR QUALIFICATIONS; LISTS OF
24	24	DISQUALIFIED PERSONS. (a) A person may be selected or serve as a
25	25	grand juror only if the person:
26	26	(1) is at least 18 years of age;
27	27	(2) is a citizen of the United States;
28	28	(3) is a resident of this state and of the county in
29	29	which the person is to serve;
30	30	(4) is qualified under the constitution and other laws
31	31	to vote in the county in which the grand jury is sitting, regardless
32	32	of whether the person is registered to vote;
33	33	(5) is of sound mind and good moral character;
34	34	(6) is able to read and write;
35	35	(7) has never been convicted of misdemeanor theft [or
36	36	a felony];
37	37	(8) has never been convicted of a felony;
38	38	(9) is not under indictment or other legal accusation
39	39	for misdemeanor theft or a felony;
40	40	(10) [(9)] is not related within the third degree by
41	41	consanguinity or second degree by affinity, as determined under
42	42	Chapter 573, Government Code, to any person selected to serve or
43	43	serving on the same grand jury;
44	44	(11) [(10)] has not served as a grand juror in the year
45	45	before the date on which the term of court for which the person has
46	46	been selected as a grand juror begins; and
47	47	(12) [(11)] is not a complainant in any matter to be
48	48	heard by the grand jury during the term of court for which the
49	49	person has been selected as a grand juror.
50	50	(b) On the third business day of each month, the clerk of the
51	51	district court shall prepare:
52	52	(1) a list of persons who in the preceding month were
53	53	disqualified from serving as a grand juror based on the person's
54	54	citizenship [or indictment or conviction for misdemeanor theft or a
55	55	felony] and send a copy of the list to:
56	56	(A) [(1)] the secretary of state;
57	57	(B) the voter registrar for the county in which
58	58	the grand jury is sitting; and
59	59	(C) [(2)] the prosecuting attorney for the court
60	60	to which the grand jurors were summoned for investigation into
61	61	whether any person made a false claim concerning the person's
62	62	qualification under Subsection (a)(2)[, (7), or (8)];
63	63	(2) a list of persons who in the preceding month were
64	64	disqualified from serving as a grand juror based on the person's
65	65	residency and send a copy of the list to:
66	66	(A) the secretary of state; and
67	67	(B) the voter registrar for the county in which
68	68	the grand jury is sitting; and
69	69	(3) a list of persons who in the preceding month were
70	70	disqualified from serving as a grand juror based on the person's
71	71	indictment for misdemeanor theft or a felony or a conviction for
72	72	misdemeanor theft or a felony and send a copy of the list to:
73	73	(A) the secretary of state;
74	74	(B) the voter registrar for the county in which
75	75	the grand jury is sitting; and
76	76	(C) the prosecuting attorney for the court to
77	77	which the grand jurors were summoned for investigation into whether
78	78	any person made a false claim concerning the person's qualification
79	79	under Subsection (a)(7), (8), or (9).
80	80	SECTION 4. Article 19A.105, Code of Criminal Procedure, is
81	81	amended to read as follows:
82	82	Art. 19A.105. EXCUSE AND EXEMPTION [EXCUSES] FROM GRAND
83	83	JURY SERVICE. (a) The court shall excuse from serving any summoned
84	84	person who does not possess the requisite qualifications or who
85	85	claims an exemption to which the person is entitled.
86	86	(b) The following qualified persons may be exempted
87	87	[excused] from grand jury service:
88	88	(1) a person 75 [older than 70] years of age or older;
89	89	(2) a person responsible for the care of a child who is
90	90	younger than 18 years of age and who will be without adequate
91	91	supervision if the person serves on the grand jury;
92	92	(3) a student of a public or private secondary school;
93	93	(4) a person enrolled in and in actual attendance at an
94	94	institution of higher education; and
95	95	(5) any other person the court determines has a
96	96	reasonable excuse from service.
97	97	SECTION 5. Subchapter C, Chapter 19A, Code of Criminal
98	98	Procedure, is amended by adding Articles 19A.106 and 19A.107 to
99	99	read as follows:
100	100	Art. 19A.106. PERMANENT EXEMPTION FOR ELDERLY. (a) A
101	101	person who is entitled to exemption from grand jury service because
102	102	the person is 75 years of age or older may establish a permanent
103	103	exemption on that ground as provided by this article.
104	104	(b) A person may claim a permanent exemption by filing with
105	105	the district clerk or the clerk of a district court in the county,
106	106	through an electronic transmission, mail, or personal delivery, a
107	107	signed statement affirming the person is 75 years of age or older
108	108	and desires a permanent exemption on that ground.
109	109	(c) The district clerk shall maintain a current register of
110	110	the name of each person who resides in the county and who has
111	111	claimed and is entitled to a permanent exemption from grand jury
112	112	service because the person is 75 years of age or older.
113	113	(d) On the third business day of each month, the district
114	114	clerk shall prepare a list of persons who in the preceding month
115	115	were permanently exempted from serving as a grand juror under this
116	116	article and send a copy of the list to the secretary of state and the
117	117	voter registrar of each county served by the clerk.
118	118	(e) A person whose name appears on the register of persons
119	119	permanently exempted from serving as a grand juror under this
120	120	article may not be selected or summoned for grand jury service by
121	121	any district judge in the county.
122	122	(f) A person who has claimed a permanent exemption from jury
123	123	service under this article may rescind the exemption at any time by
124	124	filing a signed request for the rescission with the district clerk
125	125	or the clerk of a district court in the county. Rescission of a
126	126	permanent exemption does not affect the right of a person who is 75
127	127	years of age or older to claim a permanent exemption at a later
128	128	time.
129	129	Art. 19A.107. LIST OF DISQUALIFIED CONVICTED PERSONS. (a)
130	130	The district clerk shall maintain a list of the name and address of
131	131	each person who is disqualified under this subchapter from grand
132	132	jury service because the person was convicted of misdemeanor theft
133	133	or a felony.
134	134	(b) A person who was convicted of misdemeanor theft or a
135	135	felony is permanently disqualified from serving as a juror.
136	136	(c) A person whose name appears on the list maintained under
137	137	this article may not be selected or summoned for grand jury service
138	138	by any judge of a district court served by the clerk.
139	139	(d) On the third business day of each month, the district
140	140	clerk shall send a copy of the list maintained under this article
141	141	to;
142	142	(1) the secretary of state;
143	143	(2) the voter registrar for the county in which the
144	144	grand jury is sitting; and
145	145	(3) the prosecuting attorney for the court to which
146	146	the grand jurors were summoned for investigation into whether any
147	147	person made a false claim concerning the person's qualification
148	148	under Article 19A.101(a)(7)and(8).
149	149	SECTION 6. Section 62.001, Government Code, is amended by
150	150	amending Subsections (a) and (b) to read as follows:
151	151	(a) The jury wheel must be reconstituted by using, as the
152	152	source:
153	153	(1) the names of all persons on the current voter
154	154	registration lists from all the precincts in the county; and
155	155	(2) all names on a current list to be furnished by the
156	156	Department of Public Safety, showing the citizens of the county
157	157	who:
158	158	(A) hold a valid Texas driver's license or a
159	159	valid personal identification card or certificate issued by the
160	160	department; and
161	161	(B) are not disqualified from jury service under
162	162	Section 62.102(1), (2), (3), (7), or (8).
163	163	(b) Notwithstanding Subsection (a), the names of persons
164	164	listed on a register of persons exempt from jury service may not be
165	165	placed in the jury wheel, as provided by Sections 62.108[,] and
166	166	62.109 [62.113,62.114, and 62.115].
167	167	SECTION 7. Section 62.0132(g), Government Code, is amended
168	168	to read as follows:
169	169	(g) The information contained in a completed questionnaire
170	170	may be disclosed to:
171	171	(1) a judge assigned to hear a cause of action in which
172	172	the respondent to the questionnaire is a potential juror;
173	173	(2) court personnel;
174	174	(3) a litigant and a litigant's attorney in a cause of
175	175	action in which the respondent to the questionnaire is a potential
176	176	juror; and
177	177	(4) other than information provided that is related to
178	178	Section 62.102(2), (3), (7), (8), or (9) [62.102(8) or (9)], the
179	179	voter registrar of a county in connection with any matter of voter
180	180	registration or the administration of elections.
181	181	SECTION 8. Section 62.102, Government Code, is amended to
182	182	read as follows:
183	183	Sec. 62.102. GENERAL QUALIFICATIONS FOR JURY SERVICE. A
184	184	person is disqualified to serve as a petit juror unless the person:
185	185	(1) is at least 18 years of age;
186	186	(2) is a citizen of the United States;
187	187	(3) is a resident of this state and of the county in
188	188	which the person is to serve as a juror;
189	189	(4) is qualified under the constitution and laws to
190	190	vote in the county in which the person is to serve as a juror;
191	191	(5) is of sound mind and good moral character;
192	192	(6) is able to read and write;
193	193	(7) [has not served as a petit juror for six days
194	194	during the preceding three months in the county court or during the
195	195	preceding six months in the district court;
196	196	[(8)] has not been convicted of misdemeanor theft [or
197	197	a felony]; [and]
198	198	(8) has not been convicted of a felony;
199	199	(9) is not under indictment or other legal accusation
200	200	for misdemeanor theft or a felony; and
201	201	(10) has not served as a petit juror for six days
202	202	during the preceding three months in the county court or during the
203	203	preceding six months in the district court.
204	204	SECTION 9. Section 62.106(a), Government Code, is amended
205	205	to read as follows:
206	206	(a) A person qualified to serve as a petit juror may
207	207	establish an exemption from jury service if the person:
208	208	(1) is [over] 75 years of age or older;
209	209	(2) has legal custody of a child younger than 12 years
210	210	of age and the person's service on the jury requires leaving the
211	211	child without adequate supervision;
212	212	(3) is a student of a public or private secondary
213	213	school;
214	214	(4) is a person enrolled and in actual attendance at an
215	215	institution of higher education;
216	216	(5) is an officer or an employee of the senate, the
217	217	house of representatives, or any department, commission, board,
218	218	office, or other agency in the legislative branch of state
219	219	government;
220	220	(6) is summoned for service in a county with a
221	221	population of at least 200,000, unless that county uses a jury plan
222	222	under Section 62.011 and the period authorized under Section
223	223	62.011(b)(5) exceeds two years, and the person has served as a petit
224	224	juror in the county during the 24-month period preceding the date
225	225	the person is to appear for jury service;
226	226	(7) is the primary caretaker of a person who is unable
227	227	to care for himself or herself;
228	228	(8) except as provided by Subsection (b), is summoned
229	229	for service in a county with a population of at least 250,000 and
230	230	the person has served as a petit juror in the county during the
231	231	three-year period preceding the date the person is to appear for
232	232	jury service; or
233	233	(9) is a member of the United States military forces
234	234	serving on active duty and deployed to a location away from the
235	235	person's home station and out of the person's county of residence.
236	236	SECTION 10. Section 62.107(c), Government Code, is amended
237	237	to read as follows:
238	238	(c) A person who files a statement with a clerk of the court,
239	239	as provided by Subsection (a), claiming an exemption because the
240	240	person is [over] 75 years of age or older, may also claim the
241	241	permanent exemption on that ground authorized by Section 62.108 by
242	242	including in the statement filed with the clerk a declaration that
243	243	the person desires the permanent exemption. The [Promptly after a
244	244	statement claiming a permanent exemption on the basis of age is
245	245	filed, the] clerk of the court with whom the declaration [it] is
246	246	filed shall notify [have a copy delivered to] the voter registrar of
247	247	the county.
248	248	SECTION 11. Section 62.108, Government Code, is amended by
249	249	amending Subsections (a), (b), (c), and (e) and adding Subsection
250	250	(c-1) to read as follows:
251	251	(a) A person who is entitled to exemption from jury service
252	252	because the person is [over] 75 years of age or older may establish
253	253	a permanent exemption on that ground as provided by this section or
254	254	Section 62.107.
255	255	(b) A person may claim a permanent exemption:
256	256	(1) by filing with the district clerk [voter
257	257	registrar] of the county, by mail or personal delivery, a signed
258	258	statement affirming that the person is [over] 75 years of age or
259	259	older and desires a permanent exemption on that ground; or
260	260	(2) in the manner provided by Section 62.107(c).
261	261	(c) The district clerk [voter registrar] of the county shall
262	262	maintain a current register indicating the name of each person who
263	263	has claimed and is entitled to a permanent exemption from jury
264	264	service because the person is [over] 75 years of age or older.
265	265	(c-1) On the third business day of each month, the district
266	266	clerk shall prepare a list of persons who in the preceding month
267	267	claimed and were entitled to a permanent exemption under this
268	268	section and send a copy of the list to the secretary of state and the
269	269	voter registrar of each county served by the clerk.
270	270	(e) A person who has claimed a permanent exemption from jury
271	271	service because the person is [over] 75 years of age or older may
272	272	rescind the exemption at any time by filing a signed request for the
273	273	rescission with the voter registrar of the county. Rescission of a
274	274	permanent exemption does not affect the right of a person who is
275	275	[over] 75 years of age or older to claim permanent exemption at a
276	276	later time.
277	277	SECTION 12. Section 62.109, Government Code, is amended by
278	278	amending Subsections (a), (b), (d), and (e) and adding Subsection
279	279	(b-1) to read as follows:
280	280	(a) The judge of a district court or the district clerk [by
281	281	order] may permanently or for a specified period exempt from
282	282	service as a juror in all the county and district courts in the
283	283	county a person with a physical or mental impairment or with an
284	284	inability to comprehend or communicate in the English language that
285	285	makes it impossible or very difficult for the person to serve on a
286	286	jury.
287	287	(b) A person requesting an exemption under this section must
288	288	submit to the court or the district clerk an affidavit stating the
289	289	person's name and address and the reason for and the duration of the
290	290	requested exemption. A person requesting an exemption due to a
291	291	physical or mental impairment must attach to the affidavit a
292	292	statement from a physician. The affidavit and physician's
293	293	statement may be submitted to the court at the time the person is
294	294	summoned for jury service or at any other time.
295	295	(b-1) The district clerk shall maintain a current list
296	296	indicating the name of each person permanently or temporarily
297	297	exempt under this section and the period of the exemption.
298	298	(d) A person included on the list maintained under
299	299	Subsection (b-1) [listed on the register] may not be summoned for
300	300	jury service during the period for which the person is exempt. The
301	301	name of a person included on the list maintained under Subsection
302	302	(b-1) [listed on the register] may not be placed in the jury wheel
303	303	or otherwise used in preparing the record of names from which a jury
304	304	list is selected during the period for which the person is exempt.
305	305	(e) A person exempt from jury service under this section may
306	306	rescind the exemption at any time by filing a signed request for the
307	307	rescission with the district clerk [voter registrar] of the county.
308	308	SECTION 13. Sections 62.113(a) and (b), Government Code,
309	309	are amended to read as follows:
310	310	(a) The clerk of the court shall maintain a list of the name
311	311	and address of each person who is [excused or] disqualified under
312	312	this subchapter from jury service because the person is not a
313	313	citizen of the United States.
314	314	(b) On the third business day of each month, the clerk shall
315	315	send a copy of the list of persons [excused or] disqualified because
316	316	of citizenship in the previous month to:
317	317	(1) the voter registrar of the county;
318	318	(2) the secretary of state; and
319	319	(3) the county or district attorney for an
320	320	investigation of whether the person committed an offense under
321	321	Section 13.007, Election Code, or other law.
322	322	SECTION 14. Sections 62.114(a) and (b), Government Code,
323	323	are amended to read as follows:
324	324	(a) The clerk of the court shall maintain a list containing
325	325	the name and address of each person who is [excused or] disqualified
326	326	under this subchapter from jury service because the person is not a
327	327	resident of the county.
328	328	(b) On the third business day of each month, the clerk shall
329	329	send a copy of the list of persons [excused or] disqualified in the
330	330	previous month because the persons do not reside in the county to:
331	331	(1) the voter registrar of the county; and
332	332	(2) the secretary of state.
333	333	SECTION 15. Sections 62.115(c) and (d), Government Code,
334	334	are amended to read as follows:
335	335	(c) The district clerk shall [may] remove from the jury
336	336	wheel the jury wheel card for the person whose name appears on the
337	337	list.
338	338	(d) On the third business day of each month, the clerk shall
339	339	send a list of the persons disqualified based on the person's
340	340	conviction for misdemeanor theft or a felony to:
341	341	(1) the secretary of state;
342	342	(2) the voter registrar of the county; and
343	343	(3) the prosecuting attorney for a court to which a
344	344	person was summoned for investigation into whether the person
345	345	falsely claimed a disqualification under Section 62.102(a)(7) or
346	346	(8) [to the secretary of state a copy of the list of persons
347	347	disqualified because of a conviction of misdemeanor theft or a
348	348	felony in the preceding month].
349	349	SECTION 16. Section 30.0071, Civil Practice and Remedies
350	350	Code, as added by this Act, applies only to a jury demand filed on or
351	351	after the effective date of this Act. A jury demand filed before
352	352	the effective date of this Act is governed by the law in effect when
353	353	the demand was filed, and the former law is continued in effect for
354	354	that purpose.
355	355	SECTION 17. The changes in law made by this Act apply only
356	356	to a person who is summoned to appear for service on a grand jury or
357	357	petit jury on or after the effective date of this Act. A person who
358	358	is summoned to appear for service on a grand jury or petit jury
359	359	before the effective date of this Act is governed by the law in
360	360	effect on the date the person was summoned, and the former law is
361	361	continued in effect for that purpose.
362	362	SECTION 18. This Act takes effect September 1, 2025.