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A BILL TO BE ENTITLED
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AN ACT
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relating to the qualifications for service as a grand juror and to |
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the selection of grand jurors. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 19.01, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 19.01. SELECTION AND SUMMONS OF PROSPECTIVE GRAND |
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JURORS. The district judge shall direct that the number of [20 to
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125] prospective grand jurors the judge considers necessary to |
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ensure an adequate number of jurors under Article 19.26 be selected |
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and summoned, with return on summons, in the same manner as for the |
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selection and summons of panels for the trial of civil cases in the |
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district courts. The judge shall try the qualifications for and |
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excuses from service as a grand juror and impanel the completed |
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grand jury as provided by this chapter. |
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SECTION 2. Article 19.08, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 19.08. QUALIFICATIONS. A [No] person may [shall] be |
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selected or serve as a grand juror only if the person [who does not
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possess the following qualifications]: |
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(1) is at least 18 years of age; |
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(2) is [1. The person must be] a citizen of the United |
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States; |
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(3) is a resident of this state, and of the county in |
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which the person is to serve; |
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(4) is [, and be] qualified under the Constitution and |
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laws to vote in the [said] county in which the grand jury is |
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sitting, regardless of whether the person is registered [provided
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that the person's failure to register] to vote [shall not be held to
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disqualify the person in this instance]; |
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(5) is [2. The person must be] of sound mind and good |
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moral character; |
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(6) is [3. The person must be] able to read and write; |
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(7) has not [4. The person must not have] been |
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convicted of misdemeanor theft or a felony; |
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(8) is not [5. The person must not be] under |
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indictment or other legal accusation for misdemeanor theft or a |
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felony; |
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(9) is [6. The person must] not [be] related within |
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the third degree of consanguinity or second degree of affinity, as |
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determined under Chapter 573, Government Code, to any person |
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selected to serve or serving on the same grand jury; |
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(10) has [7. The person must] not [have] served as |
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grand juror in the year before the date on which the term of court |
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for which the person has been selected as grand juror begins; and |
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(11) is [8. The person must] not [be] a complainant |
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in any matter to be heard by the grand jury during the term of court |
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for which the person has been selected as a grand juror. |
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SECTION 3. Article 19.25, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 19.25. EXCUSES FROM SERVICE. Any person summoned who |
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does not possess the requisite qualifications shall be excused by |
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the court from serving. The following qualified persons may be |
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excused from grand jury service: |
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(1) a person older than 70 years; |
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(2) a person responsible for the care of a child |
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younger than 12 [18] years of age if the person's service on the |
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grand jury would require leaving the child without adequate |
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supervision; |
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(3) a student of a public or private secondary school; |
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(4) a person enrolled and in actual attendance at an |
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institution of higher education; and |
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(5) any other person that the court determines has a |
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reasonable excuse from service. |
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SECTION 4. The changes in law made by this Act apply to a |
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grand jury impaneled on or after the effective date of this Act. A |
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grand jury impaneled before the effective date of this Act is |
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governed by the law in effect on the date the grand jury was |
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impaneled, and the former law is continued in effect for that |
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purpose. |
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SECTION 5. This Act takes effect September 1, 2017. |