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


Office of House Bill AnalysisH.B. 3230
By: Capelo
Criminal Jurisprudence
4/16/1999
Introduced


BACKGROUND AND PURPOSE 

Current law regarding the impanelment of a grand jury, through strict
interpretation, requires a new panel to be drawn and summoned to repeat the
grand juror selection process, if a grand juror already impaneled becomes
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.  Replace "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 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.