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AN ACT
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relating to the selection and summons of prospective 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. 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 4. This Act takes effect September 1, 2017. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 1298 passed the Senate on |
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April 26, 2017, by the following vote: Yeas 31, Nays 0; and that |
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the Senate concurred in House amendment on May 27, 2017, by the |
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following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 1298 passed the House, with |
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amendment, on May 24, 2017, by the following vote: Yeas 146, |
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Nays 0, two present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |