Bill Text: TX HB4671 | 2023-2024 | 88th Legislature | Comm Sub
Bill Title: Relating to the qualifications and summoning of grand jurors.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-05-11 - Placed on General State Calendar [HB4671 Detail]
Download: Texas-2023-HB4671-Comm_Sub.html
| 88R24386 JTZ-D | |||
| By: Hayes | H.B. No. 4671 | ||
| Substitute the following for H.B. No. 4671: | |||
| By: Moody | C.S.H.B. No. 4671 | ||
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| relating to the qualifications and summoning of grand jurors. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Article 19A.052, Code of Criminal Procedure, is | ||
| amended to read as follows: | ||
| Art. 19A.052. QUALIFIED PERSONS SUMMONED. On directing the | ||
| sheriff or clerk of the district court to summon grand jurors, the | ||
| court shall instruct the sheriff or clerk of the district court to | ||
| not summon a person to serve as a grand juror who does not possess | ||
| the qualifications prescribed by law. | ||
| SECTION 2. Article 19A.053, Code of Criminal Procedure, is | ||
| amended to read as follows: | ||
| Art. 19A.053. ADDITIONAL QUALIFIED PERSONS SUMMONED. (a) | ||
| If fewer than 16 persons summoned to serve as grand jurors are found | ||
| to be in attendance and qualified to serve, the court shall order | ||
| the sheriff or clerk of the district court to summon an additional | ||
| number of persons considered necessary to constitute a grand jury | ||
| of 12 grand jurors and four alternate grand jurors. | ||
| (b) The sheriff or clerk of the district court shall summon | ||
| the additional prospective grand jurors under Subsection (a) in | ||
| person to attend before the court immediately. | ||
| SECTION 3. Article 19A.101, Code of Criminal Procedure, is | ||
| amended to read as follows: | ||
| Art. 19A.101. GRAND JUROR QUALIFICATIONS. (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 [ |
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| theft or a felony; | ||
| (8) is not under indictment or other legal accusation | ||
| for misdemeanor theft or a felony; | ||
| (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; | ||
| (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 | ||
| (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 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 the secretary of | ||
| state. | ||
| SECTION 4. This Act applies only to the summoning of grand | ||
| jurors on or after the effective date of this Act. The summoning of | ||
| grand jurors before the effective date of this Act is governed by | ||
| the law in effect immediately before the effective date of this Act, | ||
| and the former law is continued in effect for that purpose. | ||
| SECTION 5. This Act takes effect September 1, 2023. | ||
