SB1647 - Relating to the practice and procedures for summoning prospective grand jurors and petit jurors and the exemption of certain persons from grand jury and petit jury service.

      By: Hughes S.B. No. 1647               A BILL TO BE ENTITLED   AN ACT   relating to the practice and procedures for summoning prospective   grand jurors and petit jurors and the exemption of certain persons   from grand jury and petit jury service.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Article 19A.051(c), Code of Criminal Procedure,   is amended to read as follows:          (c)  The judge shall test the qualifications for and   exemptions [ excuses ] from service as a grand juror and impanel the   completed grand jury as provided by this chapter.          SECTION 2.  The heading to Subchapter C, Chapter 19A, Code of   Criminal Procedure, is amended to read as follows:   SUBCHAPTER C. GRAND JUROR QUALIFICATIONS; EXEMPTIONS [ EXCUSES ]   FROM SERVICE          SECTION 3.  Article 19A.101, Code of Criminal Procedure, is   amended to read as follows:          Art. 19A.101.  GRAND JUROR QUALIFICATIONS ; LISTS OF   DISQUALIFIED PERSONS . (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 been convicted of misdemeanor theft [ or   a felony ];                (8)   has never been convicted of a felony;                 (9)   is not under indictment or other legal accusation   for misdemeanor theft or a felony;                 (10)  [ (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;                 (11)  [ (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                 (12)  [ (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 :                 (1)   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:                       (A)  [ (1) ]  the secretary of state;                       (B)     the voter registrar for the county in which   the grand jury is sitting; and                       (C)  [ (2) ]  the prosecuting attorney for the court   to which the grand jurors were summoned for investigation into   whether any person made a false claim concerning the person's   qualification under Subsection (a)(2)[ , (7), or (8) ] ;                 (2)     a list of persons who in the preceding month were   disqualified from serving as a grand juror based on the person's   residency and send a copy of the list to:                       (A)  the secretary of state; and                       (B)     the voter registrar for the county in which   the grand jury is sitting; and                 (3)     a list of persons who in the preceding month were   disqualified from serving as a grand juror based on the person's   indictment for misdemeanor theft or a felony or a conviction for   misdemeanor theft or a felony and send a copy of the list to:                       (A)  the secretary of state;                       (B)     the voter registrar for the county in which   the grand jury is sitting; and                       (C)     the prosecuting attorney for the court to   which the grand jurors were summoned for investigation into whether   any person made a false claim concerning the person's qualification   under Subsection (a)(7), (8), or (9) .          SECTION 4.  Article 19A.105, Code of Criminal Procedure, is   amended to read as follows:          Art. 19A.105.   EXCUSE AND EXEMPTION [ EXCUSES ] FROM GRAND   JURY SERVICE. (a) The court shall excuse from serving any summoned   person who does not possess the requisite qualifications or who   claims an exemption to which the person is entitled .          (b)  The following qualified persons may be exempted   [ excused ] from grand jury service:                (1)  a person 75 [ older than 70 ] years of age or older ;                (2)  a person responsible for the care of a child who is   younger than 18 years of age and who will be without adequate   supervision if the person serves on the grand jury ;                (3)  a student of a public or private secondary school;                (4)  a person enrolled in and in actual attendance at an   institution of higher education; and                (5)  any other person the court determines has a   reasonable excuse from service.          SECTION 5.  Subchapter C, Chapter 19A, Code of Criminal   Procedure, is amended by adding Articles 19A.106 and 19A.107 to   read as follows:           Art.   19A.106.     PERMANENT EXEMPTION FOR ELDERLY. (a) A   person who is entitled to exemption from grand jury service because   the person is 75 years of age or older may establish a permanent   exemption on that ground as provided by this article.           (b)     A person may claim a permanent exemption by filing with   the district clerk or the clerk of a district court in the county,   through an electronic transmission, mail, or personal delivery, a   signed statement affirming the person is 75 years of age or older   and desires a permanent exemption on that ground.           (c)     The district clerk shall maintain a current register of   the name of each person who resides in the county and who has   claimed and is entitled to a permanent exemption from grand jury   service because the person is 75 years of age or older.           (d)     On the third business day of each month, the district   clerk shall prepare a list of persons who in the preceding month   were permanently exempted from serving as a grand juror under this   article and send a copy of the list to the secretary of state and the   voter registrar of each county served by the clerk.           (e)     A person whose name appears on the register of persons   permanently exempted from serving as a grand juror under this   article may not be selected or summoned for grand jury service by   any district judge in the county.           (f)     A person who has claimed a permanent exemption from jury   service under this article may rescind the exemption at any time by   filing a signed request for the rescission with the district clerk   or the clerk of a district court in the county. Rescission of a   permanent exemption does not affect the right of a person who is 75   years of age or older to claim a permanent exemption at a later   time.           Art.   19A.107.     LIST OF DISQUALIFIED CONVICTED PERSONS. (a)   The district clerk shall maintain a list of the name and address of   each person who is disqualified under this subchapter from grand   jury service because the person was convicted of misdemeanor theft   or a felony.           (b)     A person who was convicted of misdemeanor theft or a   felony is permanently disqualified from serving as a juror.           (c)     A person whose name appears on the list maintained under   this article may not be selected or summoned for grand jury service   by any judge of a district court served by the clerk.           (d)     On the third business day of each month, the district   clerk shall send a copy of the list maintained under this article   to;                 (1)  the secretary of state;                 (2)     the voter registrar for the county in which the   grand jury is sitting; and                 (3)     the prosecuting attorney for the court to which   the grand jurors were summoned for investigation into whether any   person made a false claim concerning the person's qualification   under Article 19A.101(a)(7)and(8).          SECTION 6.  Section 62.001, Government Code, is amended by   amending Subsections (a) and (b) to read as follows:          (a)  The jury wheel must be reconstituted by using, as the   source:                (1)  the names of all persons on the current voter   registration lists from all the precincts in the county; and                (2)  all names on a current list to be furnished by the   Department of Public Safety, showing the citizens of the county   who:                      (A)  hold a valid Texas driver's license or a   valid personal identification card or certificate issued by the   department; and                      (B)  are not disqualified from jury service under   Section 62.102(1), (2), (3), (7), or (8).          (b)  Notwithstanding Subsection (a), the names of persons   listed on a register of persons exempt from jury service may not be   placed in the jury wheel, as provided by Sections 62.108[ , ] and   62.109 [ 62.113,62.114, and 62.115 ].          SECTION 7.  Section 62.0132(g), Government Code, is amended   to read as follows:          (g)  The information contained in a completed questionnaire   may be disclosed to:                (1)  a judge assigned to hear a cause of action in which   the respondent to the questionnaire is a potential juror;                (2)  court personnel;   &# [Text truncated for display. 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