Bill Text: TX HB2617 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to reorganizing the grand jury as the probable cause jury.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2015-03-16 - Referred to Criminal Jurisprudence [HB2617 Detail]
Download: Texas-2015-HB2617-Introduced.html
84R9384 AJZ-D | ||
By: Dutton | H.B. No. 2617 |
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relating to reorganizing the grand jury as the probable cause jury. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. The heading to Chapter 19, Code of Criminal | ||
Procedure, is amended to read as follows: | ||
CHAPTER 19. ORGANIZATION OF THE PROBABLE CAUSE [ |
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SECTION 2. Chapter 19, Code of Criminal Procedure, is | ||
amended by adding Articles 19.001, 19.002, 19.003, and 19.004 to | ||
read as follows: | ||
Art. 19.001. ORGANIZATION OF PROBABLE CAUSE JURY. (a) The | ||
probable cause jury is composed of a three-person panel in each | ||
county that serves as the probable cause jury for that county. | ||
(b) The probable cause jurors shall be appointed as follows: | ||
(1) one probable cause juror appointed by the | ||
presiding officer of the governing body of the municipality with | ||
the largest population in the county, with the approval of the | ||
governing body of the municipality; | ||
(2) one probable cause juror appointed by the county | ||
judge, with the approval of the commissioners court; and | ||
(3) one probable cause juror appointed by the probable | ||
cause jurors appointed under Subdivisions (1) and (2). | ||
(c) The probable cause juror that is appointed under | ||
Subsection (b)(3) shall serve as the foreman. | ||
(d) A reference in this code or other law to a grand jury | ||
means a probable cause jury established under this article. A | ||
reference in this code or other law to a grand juror means a member | ||
of the probable cause jury established under this article. | ||
Art. 19.002. QUALIFICATIONS. A person appointed to serve | ||
as a probable cause juror under Article 19.001: | ||
(1) must be a licensed attorney; | ||
(2) must have practiced law for at least 10 years; | ||
(3) may not have been employed by a district attorney's | ||
office during the two-year period preceding the appointment; and | ||
(4) may not engage in the private practice of law | ||
during the person's tenure on the probable cause jury. | ||
Art. 19.003. TERMS. (a) A probable cause juror appointed | ||
under Article 19.001(b)(1) serves a term of five years. | ||
(b) A probable cause juror appointed under Article | ||
19.001(b)(2) serves a term of seven years. | ||
(c) A probable cause juror appointed under Article | ||
19.001(b)(3) serves a term of 10 years. | ||
(d) A probable cause juror appointed under Article 19.001 | ||
may be reappointed for a second or subsequent term. | ||
Art. 19.004. COMPENSATION. (a) A probable cause juror | ||
appointed under Article 19.001(b)(1) or (2) is entitled to an | ||
annual salary of $150,000, to be paid by the state. | ||
(b) A probable cause juror appointed under Article | ||
19.001(b)(3) is entitled to an annual salary of $200,000, to be paid | ||
by the state. | ||
SECTION 3. Article 19.34, Code of Criminal Procedure, is | ||
amended to read as follows: | ||
Art. 19.34. OATH OF PROBABLE CAUSE [ |
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probable cause juror is appointed under this chapter, [ |
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court, or under its direction, to the juror [ |
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swear that you will diligently inquire into, and true presentment | ||
make, of all such matters and things as shall be given you in | ||
charge; the State's counsel, your fellows and your own, you shall | ||
keep secret, unless required to disclose the same in the course of a | ||
judicial proceeding in which the truth or falsity of evidence given | ||
in the probable cause [ |
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be under investigation. You shall present no person from envy, | ||
hatred or malice; neither shall you leave any person unpresented | ||
for love, fear, favor, affection or hope of reward; but you shall | ||
present things truly as they come to your knowledge, according to | ||
the best of your understanding, so help you God". | ||
SECTION 4. Article 19.40, Code of Criminal Procedure, is | ||
amended to read as follows: | ||
Art. 19.40. QUORUM. Two [ |
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for the purpose of discharging any duty or exercising any right | ||
properly belonging to the probable cause [ |
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SECTION 5. Article 20.19, Code of Criminal Procedure, is | ||
amended to read as follows: | ||
Art. 20.19. PROBABLE CAUSE [ |
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all the testimony which is accessible to the probable cause [ |
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jury shall have been given in respect to any criminal accusation, | ||
the vote shall be taken as to the presentment of an indictment, and | ||
if two [ |
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make a memorandum of the same with such data as will enable the | ||
attorney who represents the State to write the indictment. | ||
SECTION 6. Article 20.21, Code of Criminal Procedure, is | ||
amended to read as follows: | ||
Art. 20.21. INDICTMENT PRESENTED. When the indictment is | ||
ready to be presented, the probable cause [ |
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through their foreman, deliver the indictment to the judge or clerk | ||
of the court. At least two [ |
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[ |
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SECTION 7. Article 27.03, Code of Criminal Procedure, is | ||
amended to read as follows: | ||
Art. 27.03. MOTION TO SET ASIDE INDICTMENT. In addition to | ||
any other grounds authorized by law, a motion to set aside an | ||
indictment or information may be based on the following: | ||
1. That it appears by the records of the court that the | ||
indictment was not found by at least two probable cause [ |
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jurors, or that the information was not based upon a valid | ||
complaint; or | ||
2. That some person not authorized by law was present when | ||
the probable cause [ |
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accusation against the defendant, or was voting upon the same[ |
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SECTION 8. Article 27.09, Code of Criminal Procedure, is | ||
amended to read as follows: | ||
Art. 27.09. EXCEPTION TO FORM OF INDICTMENT. Exceptions to | ||
the form of an indictment or information may be taken for the | ||
following causes only: | ||
1. That it does not appear to have been presented in the | ||
proper court as required by law; or | ||
2. The want of any requisite prescribed by Articles 21.02 and | ||
21.21. | ||
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SECTION 9. Section 53.045(b), Family Code, is amended to | ||
read as follows: | ||
(b) A probable cause [ |
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submitted to it under this section by a vote of two [ |
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of the probable cause [ |
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probable cause [ |
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indictment. | ||
SECTION 10. Section 24.014(b), Government Code, is amended | ||
to read as follows: | ||
(b) The judge may appoint jury commissioners who select and | ||
draw [ |
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summoned to appear before the court at the time designated by the | ||
judge. | ||
SECTION 11. Section 24.135(c), Government Code, is amended | ||
to read as follows: | ||
(c) The judge of the 33rd District Court may [ |
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drawn for any term of the court as the judge determines is | ||
necessary, by an order entered in the minutes of the court. | ||
Indictments within each county may be returned to either court | ||
within that county. | ||
SECTION 12. Section 24.213(e), Government Code, is amended | ||
to read as follows: | ||
(e) A criminal complaint may be presented to the probable | ||
cause [ |
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resulting indictment may be returned to any [ |
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in Webb County with the appropriate criminal jurisdiction. | ||
SECTION 13. Section 24.377(b), Government Code, is amended | ||
to read as follows: | ||
(b) The judge of the 198th District Court may [ |
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for any term of the judge's court as in the judge's judgment is | ||
necessary, by an order entered in the minutes of the court. | ||
Indictments within each county may be returned to either court | ||
within that county. | ||
SECTION 14. Section 24.396(b), Government Code, is amended | ||
to read as follows: | ||
(b) [ |
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Indictments within each county may be returned to any district | ||
court within that county. All [ |
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one district court in each county are interchangeable with any | ||
other district court in that county as if the jury had been drawn | ||
for the court in which it is used. | ||
SECTION 15. Sections 24.487(b) and (d), Government Code, | ||
are amended to read as follows: | ||
(b) [ |
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judge considers it necessary, the judge of the 341st District Court | ||
may order [ |
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(d) A criminal complaint may be presented to the probable | ||
cause [ |
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resulting indictment may be returned to any [ |
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in Webb County with the appropriate criminal jurisdiction. | ||
SECTION 16. Section 24.551(f), Government Code, is amended | ||
to read as follows: | ||
(f) A criminal complaint may be presented to the probable | ||
cause [ |
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resulting indictment may be returned to any [ |
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in Webb County with the appropriate criminal jurisdiction. | ||
SECTION 17. Section 24.568(d), Government Code, is amended | ||
to read as follows: | ||
(d) The judge of the 424th District Court may [ |
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juries to be drawn for any term of the court as the judge determines | ||
is necessary, by an order entered in the minutes of the | ||
court. Indictments within each county may be returned to either | ||
court within that county. | ||
SECTION 18. Section 53.072, Government Code, is amended to | ||
read as follows: | ||
Sec. 53.072. PROBABLE CAUSE [ |
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GALVESTON COUNTY. The judge of a district court in Galveston County | ||
[ |
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cause [ |
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SECTION 19. Section 54.976(d), Government Code, is amended | ||
to read as follows: | ||
(d) A judge may refer to a magistrate proceedings involving | ||
a probable cause [ |
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[ |
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reports on behalf of a district judge, the granting of a probable | ||
cause [ |
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testimony [ |
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SECTION 20. The heading to Section 402.024, Government | ||
Code, is amended to read as follows: | ||
Sec. 402.024. DEFENSE OF DISTRICT ATTORNEY [ |
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SECTION 21. Section 402.024(b), Government Code, is amended | ||
to read as follows: | ||
(b) The attorney general shall defend a state probable cause | ||
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action in any court if: | ||
(1) the suit involves an act of the person while in the | ||
performance of duties as a probable cause [ |
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(2) the person requests the attorney general's | ||
assistance in the defense. | ||
SECTION 22. The following provisions are repealed: | ||
(1) Articles 19.01, 19.02, 19.03, 19.04, 19.05, 19.06, | ||
19.07, 19.08, 19.09, 19.10, 19.11, 19.12, 19.13, 19.14, 19.15, | ||
19.16, 19.17, 19.18, 19.19, 19.20, 19.21, 19.22, 19.23, 19.24, | ||
19.25, 19.26, 19.27, 19.28, 19.29, 19.30, 19.31, 19.32, 19.33, | ||
19.35, 19.39, 19.41, and 19.42, Code of Criminal Procedure; | ||
(2) Sections 24.014(c), 24.129(d), 24.136(d), | ||
24.161(c), 24.164(d), 24.191(c), and 24.193(d), Government Code; | ||
and | ||
(3) Section 152.015(b), Local Government Code. | ||
SECTION 23. (a) The appointments required by Article | ||
19.001, Code of Criminal Procedure, as added by this Act, must be | ||
made on or before January 1, 2016, to terms beginning January 1, | ||
2016. | ||
(b) The term of a grand jury that is impaneled before the | ||
effective date of this Act and whose term has not yet expired: | ||
(1) expires on January 1, 2016, if the grand jury's | ||
term is set to expire after January 1, 2016; and | ||
(2) is extended to January 1, 2016, if the grand jury's | ||
term is set to expire before January 1, 2016. | ||
(c) Except as provided by Subsections (b) and (d), the | ||
changes in law made by this Act apply to a probable cause jury | ||
appointed on or after the effective date of this Act. A grand jury | ||
impaneled before the effective date of this Act is governed by the | ||
law in effect on the date the grand jury was impaneled, and the | ||
former law is continued in effect for that purpose. | ||
(d) Section 402.024(b), Government Code, as amended by this | ||
Act, applies only to a court action arising from an act of a person | ||
that occurs on or after the effective date of this Act. A court | ||
action arising from an act of a person that occurred before the | ||
effective date of this Act is governed by the law in effect on the | ||
date the act occurred, and the former law is continued in effect for | ||
that purpose. | ||
SECTION 24. This Act takes effect on the date on which the | ||
constitutional amendment proposed by the 84th Legislature, Regular | ||
Session, 2015, to change the composition of the grand jury takes | ||
effect. If that amendment is not approved by the voters, this Act | ||
has no effect. |