HBA-GUM, NMO H.B. 3230 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 3230
By: Capelo
Criminal Jurisprudence
7/27/1999
Enrolled


BACKGROUND AND PURPOSE 

Prior to the 76th Texas Legislature, state law regarding the impanelment of
a grand jury, through strict interpretation, required a new panel to be
drawn and summoned to repeat the grand juror selection process if a grand
juror already impaneled became disqualified to serve as a grand juror. In
practice, however, the grand jury usually conducts its business for the
remainder of its term with less than twelve grand jurors.  H.B. 3230
requires the court to impanel fourteen, rather than twelve, grand jurors,
to constitute a grand jury of twelve persons and two alternates.  This bill
also sets forth the procedure for replacing a disqualified juror.     

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Article 19.18, Code of Criminal Procedure, as follows:
 
Art. 19.18.  New title:  IF LESS THAN FOURTEEN ATTEND.  Replaces "twelve"
with "fourteen" in the title.  Requires the court, when less than fourteen,
rather than twelve, of those summoned to serve as grand jurors are found to
be in attendance and qualified to serve, to order the sheriff to summon
such additional number of persons as may be deemed necessary to constitute
a grand jury of twelve persons and two alternates.  
 
SECTION 2.  Amends Article 19.21, Code of Criminal Procedure, to make
conforming changes.  
 
SECTION 3.  Amends Article 19.26, Code of Criminal Procedure, by amending
Subsection (a) and adding Subsection (b), as follows: 
 
(a) Makes conforming and nonsubstantive changes.

(b)  Provides that the grand jury is composed of not more than twelve
qualified jurors. Requires the court to qualify and impanel not more than
two alternates to serve on disqualification of a juror during the term of
the grand jury.  Requires the attorney representing the state, on learning
that a grand juror has become disqualified during the term of the grand
jury, to prepare an order for the court identifying the disqualified juror,
stating the basis for the disqualification, dismissing the disqualified
juror from the grand jury, and naming one of the alternates as a member of
the grand jury.  Authorizes the use of the procedure established by this
subsection on disqualification of a second grand juror during the term of
the grand jury.  
 
SECTION 4.  Amends Article 19.41, Code of Criminal Procedure, to make a
conforming change. 

SECTION 5.  Makes application of this Act prospective.
 
SECTION 6.  Effective date: September 1, 1999.
 
SECTION 7.  Emergency clause.