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  By: Whitmire, Ellis S.B. No. 135
      Menéndez
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the organization of a grand jury.
         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 [APPOINTMENT OF JURY COMMISSIONERS; SELECTION WITHOUT JURY
  COMMISSION]. [(a)] The [district judge, at or during any term of
  court, shall appoint not less than three, nor more than five persons
  to perform the duties of jury commissioners, and shall cause the
  sheriff to notify them of their appointment, and when and where they
  are to appear. The district judge shall, in the order appointing
  such commissioners, designate whether such commissioners shall
  serve during the term at which selected or for the next succeeding
  term. Such commissioners shall receive as compensation for each
  day or part thereof they may serve the sum of Ten Dollars, and they
  shall possess the following qualifications:
         [1.     Be intelligent citizens of the county and able to read
  and write the English language;
         [2.  Be qualified jurors in the county;
         [3.     Have no suit in said court which requires intervention
  of a jury;
         [4.  Be residents of different portions of the county; and
         [5.     The same person shall not act as jury commissioner more
  than once in any 12-month period.
         [(b)     In lieu of the selection of prospective jurors by means
  of a jury commission, the] district judge shall [may] direct that 20
  to 125 prospective grand jurors 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 [in
  the same manner] as provided by this chapter [for grand jurors
  selected by a jury commission].
         SECTION 2.  Article 19.07, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 19.07.  EXTENSION BEYOND TERM OF PERIOD FOR WHICH GRAND
  JURORS SHALL SIT. If prior to the expiration of the term for which
  the grand jury was impaneled, it is made to appear by a declaration
  of the foreman or of a majority of the grand jurors in open court,
  that the investigation by the grand jury of the matters before it
  cannot be concluded before the expiration of the term, the judge of
  the district court in which said grand jury was impaneled may, by
  the entry of an order on the minutes of said court, extend, from
  time to time, for the purpose of concluding the investigation of
  matters then before it, the period during which said grand jury
  shall sit, for not to exceed a total of ninety days after the
  expiration of the term for which it was impaneled, and all
  indictments pertaining thereto returned by the grand jury within
  said extended period shall be as valid as if returned before the
  expiration of the term. [The extension of the term of a grand jury
  under this article does not affect the provisions of Article 19.06
  relating to the selection and summoning of grand jurors for each
  regularly scheduled term.]
         SECTION 3.  Article 19.08, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 19.08.  QUALIFICATIONS. No person shall be selected or
  serve as a grand juror who does not possess the following
  qualifications:
               1.  The person must be a citizen of the state, and of
  the county in which the person is to serve, and be qualified under
  the Constitution and laws to vote in said county, provided that the
  person's failure to register to vote shall not be held to disqualify
  the person in this instance;
               2.  The person must be of sound mind and good moral
  character;
               3.  The person must be able to read and write;
               4.  The person must not have been convicted of
  misdemeanor theft or a felony;
               5.  The person must not be under indictment or other
  legal accusation for misdemeanor theft or a felony;
               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;
               7.  The person must not have served as grand juror [or
  jury commissioner] in the year before the date on which the term of
  court for which the person has been selected as grand juror begins;
  and
               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 4.  Article 19.19, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 19.19.  JURORS TO ATTEND FORTHWITH. The jurors
  provided for in Article 19.18 [the two preceding Articles] shall be
  summoned in person to attend before the court forthwith.
         SECTION 5.  Article 19.20, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 19.20.  TO SUMMON QUALIFIED PERSONS. On [Upon]
  directing the sheriff to summon grand jurors [not selected by the
  jury commissioners], the court shall instruct the sheriff [him]
  that the sheriff [he] must not summon any [no] person to serve as a
  grand juror who does not possess the qualifications prescribed by
  law.
         SECTION 6.  Article 19.23, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 19.23.  MODE OF TEST. In trying the qualifications of
  any person to serve as a grand juror, he shall be asked:
         1.  Are you a citizen of this state and county, and qualified
  to vote in this county, under the Constitution and laws of this
  state?
         2.  Are you able to read and write?
         3.  Have you ever been convicted of misdemeanor theft or any
  [a] felony?
         4.  Are you under indictment or other legal accusation for
  misdemeanor theft or for any felony?
         SECTION 7.  Article 19.26, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 19.26.  JURY IMPANELED. (a)  When at least fourteen
  qualified jurors are found to be present, the court shall select
  twelve fair and impartial persons to serve as grand jurors and two
  additional persons to serve as alternate grand jurors.  In
  selecting the grand jurors and the alternate grand jurors, the
  court shall consider the county's demographics related to race,
  ethnicity, sex, and age.
         (b)  The court shall proceed to impanel the grand jury,
  unless a challenge is made, which may be to the array or to any
  particular person presented to serve as a grand juror or an
  alternate.
         [(b)     The grand jury is composed of not more than twelve
  qualified jurors.] In addition, the court shall [qualify and]
  impanel [not more than] two alternates to serve on disqualification
  or unavailability of a juror during the term of the grand jury. On
  learning that a grand juror has become disqualified or unavailable
  during the term of the grand jury, the attorney representing the
  state shall prepare an order for the court identifying the
  disqualified or unavailable juror, stating the basis for the
  disqualification or unavailability, dismissing the disqualified or
  unavailable juror from the grand jury, and naming one of the
  alternates as a member of the grand jury. The procedure established
  by this subsection may be used on disqualification or
  unavailability of a second grand juror during the term of the grand
  jury. For purposes of this subsection, a juror is unavailable if
  the juror is unable to participate fully in the duties of the grand
  jury because of the death of the juror, [or] a physical or mental
  illness of the juror, or any other reason the court determines
  constitutes good cause for dismissing the juror.
         SECTION 8.  Article 19.30, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 19.30.  CHALLENGE TO "ARRAY". A challenge to the
  "array" shall be made in writing for these causes only:
         1.  That those summoned as grand jurors are not in fact those
  selected by the method provided by Article 19.01 [19.01(b) of this
  chapter or by the jury commissioners]; and
         2.  That [In case of grand jurors summoned by order of the
  court, that] the officer who summoned the grand jurors [them had]
  acted corruptly in summoning any one or more of them.
         SECTION 9.  Section 24.014(b), Government Code, is amended
  to read as follows:
         (b)  The judge may impanel [appoint jury commissioners who
  select and draw] grand and petit jurors as provided by law. The
  jurors may be summoned to appear before the court at the time
  designated by the judge.
         SECTION 10.  Section 24.135(c), Government Code, is amended
  to read as follows:
         (c)  The judge of the 33rd District Court may [select jury
  commissioners and] impanel grand juries in each county.  The judge
  of the 33rd District Court may alternate the drawing of grand juries
  with the judge of any other district court in each county within the
  33rd Judicial District and may order grand and petit juries to be
  drawn for any term of the court as the judge determines is
  necessary, by an order entered in the minutes of the court.  
  Indictments within each county may be returned to either court
  within that county.
         SECTION 11.  Section 24.377(b), Government Code, is amended
  to read as follows:
         (b)  The judge of the 198th District Court may [select jury
  commissioners and] impanel grand juries in each county.  The judge
  of the 198th District Court may alternate the drawing of grand
  juries with the judge of any other district court in each county
  within the judge's district and may order grand and petit juries to
  be drawn for any term of the judge's court as in the judge's judgment
  is necessary, by an order entered in the minutes of the court.  
  Indictments within each county may be returned to either court
  within that county.
         SECTION 12.  Section 24.396(b), Government Code, is amended
  to read as follows:
         (b)  The judge of the 218th District Court may [select grand
  jury commissioners and] impanel grand juries in each county in the
  district but is not required to impanel a grand jury in any county
  except when the judge [he] considers it necessary. The judge may
  alternate the impaneling of grand juries in each county with the
  judge of any other district court in that county, or the judges may
  by agreement determine which one of the courts will impanel the
  grand juries. Indictments within each county may be returned to any
  district court within that county. All grand and petit juries drawn
  for one district court in each county are interchangeable with any
  other district court in that county as if the jury had been drawn
  for the court in which it is used.
         SECTION 13.  Section 24.487(b), Government Code, is amended
  to read as follows:
         (b)  The judge of the 341st District Court may [select jury
  commissioners and] impanel grand juries in Webb County.  The judge
  of the 341st District Court may alternate the drawing of grand
  juries with the judge of any other district court in the county.  By
  order entered on the minutes, for any term that the judge considers
  it necessary, the judge may order grand and petit juries to be
  drawn.
         SECTION 14.  Section 24.568(d), Government Code, is amended
  to read as follows:
         (d)  The judge of the 424th District Court may [select jury
  commissioners and] impanel grand juries in each county.  The judge
  of the 424th District Court may alternate the drawing of grand
  juries with the judge of any other district court in each county
  within the 424th Judicial District and may order grand and petit
  juries to be drawn for any term of the court as the judge determines
  is necessary, by an order entered in the minutes of the court.  
  Indictments within each county may be returned to either court
  within that county.
         SECTION 15.  Section 24.596(b), Government Code, is amended
  to read as follows:
         (b)  The judge of the 452nd District Court may [select jury
  commissioners and] impanel grand juries in each county.  The judge
  of the 452nd District Court may order grand and petit juries to be
  drawn for any term of the judge's court as in the judge's judgment is
  necessary, by an order entered in the minutes of the court.
         SECTION 16.  The heading to Section 402.024, Government
  Code, is amended to read as follows:
         Sec. 402.024.  DEFENSE OF DISTRICT ATTORNEY[, GRAND JURY
  COMMISSIONER,] OR GRAND JUROR.
         SECTION 17.  Section 402.024(b), Government Code, is amended
  to read as follows:
         (b)  The attorney general shall defend a state [grand jury
  commissioner or] grand juror who is a defendant in an action in any
  court if:
               (1)  the suit involves an act of the person while in the
  performance of duties as a [grand jury commissioner or] grand
  juror; and
               (2)  the person requests the attorney general's
  assistance in the defense.
         SECTION 18.  The following provisions are repealed:
               (1)  Articles 19.02, 19.03, 19.04, 19.05, 19.06, 19.09,
  19.10, 19.11, 19.12, 19.13, 19.14, 19.15, and 19.17, Code of
  Criminal Procedure; and
               (2)  Section 24.014(c), Government Code.
         SECTION 19.  Section 402.024(b), Government Code, as amended
  by this Act, applies only to a court action arising from an act of a
  person that occurs on or after the effective date of this Act.  A
  court action arising from an act of a person that occurred before
  the effective date of this Act is governed by the law in effect on
  the date the act occurred, and the former law is continued in effect
  for that purpose.
         SECTION 20.  This Act takes effect September 1, 2015.