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CODE OF CRIMINAL PROCEDURE CHAPTER 19.
ORGANIZATION OF THE GRAND JURY
Art. 19.01. [333] [384] [372] Appointment of jury commissioners;
selection without jury commission
(a) The district judge, at or during any term of court, shall
appoint not less than three, nor more than five persons to perform
the duties of jury commissioners, and shall cause the sheriff to
notify them of their appointment, and when and where they are to
appear. The district judge shall, in the order appointing such
commissioners, designate whether such commissioners shall serve
during the term at which selected or for the next succeeding term.
Such commissioners shall receive as compensation for each day or
part thereof they may serve the sum of Ten Dollars, and they shall
possess the following qualifications:
1. Be intelligent citizens of the county and able to read and write
the English language;
2. Be qualified jurors in the county;
3. Have no suit in said court which requires intervention of a jury;
4. Be residents of different portions of the county; and
5. The same person shall not act as jury commissioner more than once
in any 12-month period.
(b) In lieu of the selection of prospective jurors by means of a
jury commission, the district judge may direct that 20 to 125
prospective grand jurors be selected and summoned, with return on
summons, in the same manner as for the selection and summons of
panels for the trial of civil cases in the district courts. The
judge shall try the qualifications for and excuses from service as a
grand juror and impanel the completed grand jury in the same manner
as provided for grand jurors selected by a jury commission.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by Acts 1971,
62nd Leg., p. 905, ch. 131, Sec. 1, eff. May 10, 1971.
Amended by Acts 1979, 66th Leg., p. 393, ch. 184, Sec. 1, eff. Sept.
1, 1979. Subsec. (b) amended by Acts 1983, 68th Leg., p. 2983, ch.
514, Sec. 1, eff. June 19, 1983; Subsec. (a) amended by Acts 1991,
72nd Leg., ch. 67, Sec. 1, eff. Sept. 1, 1991; Subsec. (b) amended
by Acts 2001, 77th Leg., ch. 344, Sec. 1, eff. Sept. 1, 2001.
Art. 19.02. [334] [385] [373] Notified of appointment
The judge shall cause the proper officer to notify such appointees
of such appointment, and when and where they are to appear.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Art. 19.03. [335] [386] [374] Oath of commissioners
When the appointees appear before the judge, he shall administer to
them the following oath: "You do swear faithfully to discharge the
duties required of you as jury commissioners; that you will not
knowingly elect any man as juryman whom you believe to be unfit and
not qualified; that you will not make known to any one the name of
any juryman selected by you and reported to the court; that you
will not, directly or indirectly, converse with any one selected by
you as a juryman concerning the merits of any case to be tried at the
next term of this court, until after said cause may be tried or
continued, or the jury discharged".
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Art. 19.04. [336] [387] [375] Instructed
The jury commissioners, after they have been organized and sworn,
shall be instructed by the judge in their duties and shall then
retire in charge of the sheriff to a suitable room to be secured by
the sheriff for that purpose. The clerk shall furnish them the
necessary stationery, the names of those appearing from the records
of the court to be exempt or disqualified from serving on the jury
at each term, and the last assessment roll of the county.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Art. 19.05. [337] [388] [376] Kept free from intrusion
The jury commissioners shall be kept free from the intrusion of any
person during their session, and shall not separate without leave
of the court until they complete their duties.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Art. 19.06. [338] [389] [377] Shall select grand jurors
The jury commissioners shall select not less than 15 nor more than
40 persons from the citizens of the county to be summoned as grand
jurors for the next term of court, or the term of court for which
said commissioners were selected to serve, as directed in the order
of the court selecting the commissioners. The commissioners shall,
to the extent possible, select grand jurors who the commissioners
determine represent a broad cross-section of the population of the
county, considering the factors of race, sex, and age.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by Acts 1967,
60th Leg., p. 1158, ch. 515, Sec. 1, eff. Aug. 28, 1967.
Amended by Acts 1979, 66th Leg., p. 394, ch. 184, Sec. 4, eff. Sept.
1, 1979; Acts 2001, 77th Leg., ch. 344, Sec. 2, eff. Sept. 1, 2001.
Art. 19.07. [338a] Extension beyond term of period for which grand
jurors shall sit
If prior to the expiration of the term for which the grand jury was
impaneled, it is made to appear by a declaration of the foreman or
of a majority of the grand jurors in open court, that the
investigation by the grand jury of the matters before it cannot be
concluded before the expiration of the term, the judge of the
district court in which said grand jury was impaneled may, by the
entry of an order on the minutes of said court, extend, from time to
time, for the purpose of concluding the investigation of matters
then before it, the period during which said grand jury shall sit,
for not to exceed a total of ninety days after the expiration of the
term for which it was impaneled, and all indictments pertaining
thereto returned by the grand jury within said extended period
shall be as valid as if returned before the expiration of the term.
The extension of the term of a grand jury under this article does
not affect the provisions of Article 19.06 relating to the
selection and summoning of grand jurors for each regularly
scheduled term.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Art. 19.08. [339] [390] [378] Qualifications
No person shall be selected or serve as a grand juror who does not
possess the following qualifications:
1. He must be a citizen of the state, and of the county in which he
is to serve, and be qualified under the Constitution and laws to
vote in said county, provided that his failure to register to vote
shall not be held to disqualify him in this instance;
2. He must be of sound mind and good moral character;
3. He must be able to read and write;
4. He must not have been convicted of theft or of any felony;
5. He must not be under indictment or other legal accusation for
theft or of any felony;
6. He must not be related within the third degree of consanguinity
or second degree of affinity, as determined under Chapter 573,
Government Code, to any person selected to serve or serving on the
same grand jury;
7. He must not have served as grand juror or jury commissioner in
the year before the date on which the term of court for which he has
been selected as grand juror begins;
8. He must not be a complainant in any matter to be heard by the
grand jury during the term of court for which he has been selected
as a grand juror.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by Acts 1969,
61st Leg., p. 1364, ch. 412, Sec. 5, eff. Sept. 1, 1969.
Amended by Acts 1981, 67th Leg., p. 3143, ch. 827, Sec. 5, eff. Aug.
31, 1981; Acts 1989, 71st Leg., ch. 1065, Sec. 1, eff. Sept. 1,
1989; Acts 1991, 72nd Leg., ch. 561, Sec. 8, eff. Aug. 26, 1991;
Subsec. 6 amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(27),
eff. Sept. 1, 1995. Amended by Acts 1999, 76th Leg., ch. 1177, Sec.
1, eff. Sept. 1, 1999.
Art. 19.09. [340] [391] [379] Names returned
The names of those selected as grand jurors by the commissioners
shall be written upon a paper; and the fact that they were so
selected shall be certified and signed by the jury commissioners,
who shall place said paper, so certified and signed, in an envelope,
and seal the same, and endorse thereon the words, "The list of grand
jurors selected at . . . . . . term of the district court", the
blank being for the month and year in which the term of the court
began its session. The commissioners shall write their names
across the seal of said envelope, direct the same to the district
judge and deliver it to him in open court.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Art. 19.10. [341] [392] [380] List to clerk
The judge shall deliver the envelope containing the list of grand
jurors to the clerk or one of his deputies in open court without
opening the same.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Art. 19.11. [342] [393] [381] Oath to clerk
Before the list of grand jurors is delivered to the clerk, the judge
shall administer to the clerk and each of his deputies in open court
the following oath: "You do swear that you will not open the jury
lists now delivered you, nor permit them to be opened until the time
prescribed by law; that you will not, directly or indirectly,
converse with any one selected as a juror concerning any case or
proceeding which may come before such juror for trial in this court
at its next term".
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Art. 19.12. [343] [394] [382] Deputy clerk sworn
Should the clerk subsequently appoint a deputy, such clerk shall
administer to him the same oath, at the time of such appointment.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Art. 19.13. [344] [395] [383] Clerk shall open lists
The grand jury may be convened on the first or any subsequent day of
the term. The judge shall designate the day on which the grand jury
is to be impaneled and notify the clerk of such date; and within
thirty days of such date, and not before, the clerk shall open the
envelope containing the list of grand jurors, make out a copy of the
names of those selected as grand jurors, certify to it under his
official seal, note thereon the day for which they are to be
summoned, and deliver it to the sheriff.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Art. 19.14. [345] [396] [384] Summoning
The sheriff shall summon the persons named in the list at least
three days, exclusive of the day of service, prior to the day on
which the grand jury is to be impaneled, by giving personal notice
to each juror of the time and place when and where he is to attend as
a grand juror, or by leaving at his place of residence with a member
of his family over sixteen years old, a written notice to such juror
that he has been selected as a grand juror, and the time and place
when and where he is to attend; or the judge, at his election, may
direct the sheriff to summon the grand jurors by registered or
certified mail.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Amended by Acts 1993, 73rd Leg., ch. 268, Sec. 5, eff. Sept. 1,
1993.
Art. 19.15. [346] [397] [385] Return of officer
The officer executing such summons shall return the list on the day
on which the grand jury is to be impaneled, with a certificate
thereon of the date and manner of service upon each juror. If any of
said jurors have not been summoned, he shall also state in his
certificate the reason why they have not been summoned.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Art. 19.16. [347] [398] [386] Absent juror fined
A juror legally summoned, failing to attend without a reasonable
excuse, may, by order of the court entered on the record, be fined
not less than ten dollars nor more than one hundred dollars.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Art. 19.17. [348] [399] [387] Failure to select
If for any reason a grand jury shall not be selected or summoned
prior to the commencement of any term of court, or when none of
those summoned shall attend, the district judge may at any time
after the commencement of the term, in his discretion, direct a writ
to be issued to the sheriff commanding him to summon a jury
commission, selected by the court, which commission shall select
not more than 40 persons, as provided by law, who shall serve as
grand jurors.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Amended by Acts 2001, 77th Leg., ch. 344, Sec. 2, eff. Sept. 1,
2001.
Art. 19.18. [349] [400] [388] If less than fourteen attend
When less than fourteen of those summoned to serve as grand jurors
are found to be in attendance and qualified to so serve, the court
shall 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.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Amended by Acts 1999, 76th Leg., ch. 1065, Sec. 1, eff. Sept. 1,
1999.
Art. 19.19. [350] [401] [389] Jurors to attend forthwith
The jurors provided for in the two preceding Articles shall be
summoned in person to attend before the court forthwith.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Art. 19.20. [351] [402] [390] To summon qualified persons
Upon directing the sheriff to summon grand jurors not selected by
the jury commissioners, the court shall instruct him that he must
summon no person to serve as a grand juror who does not possess the
qualifications prescribed by law.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Art. 19.21. [352] [403] [391] To test qualifications
When as many as fourteen persons summoned to serve as grand jurors
are in attendance upon the court, it shall proceed to test their
qualifications as such.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Amended by Acts 1999, 76th Leg., ch. 1065, Sec. 2, eff. Sept. 1,
1999.
Art. 19.22. [353] [404] [392] Interrogated
Each person who is presented to serve as a grand juror shall, before
being impaneled, be interrogated on oath by the court or under his
direction, touching his qualifications.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Art. 19.23. [354] [405] [393] Mode of test
In trying the qualifications of any person to serve as a grand
juror, he shall be asked:
1. Are you a citizen of this state and county, and qualified to vote
in this county, under the Constitution and laws of this state?
2. Are you able to read and write?
3. Have you ever been convicted of a felony?
4. Are you under indictment or other legal accusation for theft or
for any felony?
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by Acts 1969,
61st Leg., p. 1364, ch. 412, Sec. 6, eff. Sept. 1, 1969.
Art. 19.24. [355] [406] [394] Qualified juror accepted
When, by the answer of the person, it appears to the court that he is
a qualified juror, he shall be accepted as such, unless it be shown
that he is not of sound mind or of good moral character, or unless it
be shown that he is in fact not qualified to serve as a grand juror.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Art. 19.25. [356] [407] [395] Excuses from service
Any person summoned who does not possess the requisite
qualifications shall be excused by the court from serving. The
following qualified persons may be excused from grand jury service:
(1) a person older than 70 years;
(2) a person responsible for the care of a child younger than 18
years;
(3) a student of a public or private secondary school;
(4) a person enrolled and in actual attendance at an institution of
higher education; and
(5) any other person that the court determines has a reasonable
excuse from service.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Amended by Acts 1979, 66th Leg., p. 393, ch. 184, Sec. 2, eff. Sept.
1, 1979; Acts 1999, 76th Leg., ch. 1177, Sec. 2, eff. Sept. 1, 1999.
Art. 19.26. [357] [408] [396] Jury impaneled
(a) When fourteen qualified jurors are found to be present, the
court shall proceed to impanel the grand jury, unless a challenge is
made, which may be to the array or to any particular person
presented to serve as a grand juror or an alternate.
(b) The grand jury is composed of not more than twelve qualified
jurors. In addition, the court shall qualify and impanel not more
than two alternates to serve on disqualification or unavailability
of a juror during the term of the grand jury. On learning that a
grand juror has become disqualified or unavailable during the term
of the grand jury, the attorney representing the state shall
prepare an order for the court identifying the disqualified or
unavailable juror, stating the basis for the disqualification or
unavailability, dismissing the disqualified or unavailable juror
from the grand jury, and naming one of the alternates as a member of
the grand jury. The procedure established by this subsection may be
used on disqualification or unavailability of a second grand juror
during the term of the grand jury. For purposes of this subsection,
a juror is unavailable if the juror is unable to participate fully
in the duties of the grand jury because of the death of the juror or
a physical or mental illness of the juror.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Amended by Acts 1999, 76th Leg., ch. 1065, Sec. 3, eff. Sept. 1,
1999; Subsec. (b) amended by Acts 2003, 78th Leg., ch. 889, Sec. 1,
eff. Sept. 1, 2003.
Art. 19.27. [358] [409] [397] Any person may challenge
Before the grand jury has been impaneled, any person may challenge
the array of jurors or any person presented as a grand juror. In no
other way shall objections to the qualifications and legality of
the grand jury be heard. Any person confined in jail in the county
shall upon his request be brought into court to make such challenge.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Art. 19.28. [359] [410] [398] "Array"
By the "array" of grand jurors is meant the whole body of persons
summoned to serve as such before they have been impaneled.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Art. 19.29. [360] [411] [399] "Impaneled" and "panel"
A grand juror is said to be "impaneled" after his qualifications
have been tried and he has been sworn. By "panel" is meant the whole
body of grand jurors.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Art. 19.30. [361] [412] [400] Challenge to "array"
A challenge to the "array" shall be made in writing for these causes
only:
1. That those summoned as grand jurors are not in fact those
selected by the method provided by Article 19.01(b) of this chapter
or by the jury commissioners; and
2. In case of grand jurors summoned by order of the court, that the
officer who summoned them had acted corruptly in summoning any one
or more of them.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Amended by Acts 1979, 66th Leg., p. 394, ch. 184, Sec. 3, eff. Sept.
1, 1979.
Art. 19.31. [362] [413] [401] Challenge to juror
A challenge to a particular grand juror may be made orally for the
following causes only:
1. That he is not a qualified juror; and
2. That he is the prosecutor upon an accusation against the person
making the challenge.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Art. 19.32. [363] [414] [402] Summarily decided
When a challenge to the array or to any individual has been made,
the court shall hear proof and decide in a summary manner whether
the challenge be well-founded or not.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Art. 19.33. [364] [415] [403] Other jurors summoned
The court shall order another grand jury to be summoned if the
challenge to the array be sustained, or order the panel to be
completed if by challenge to any particular grand juror their
number be reduced below twelve.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Art. 19.34. [365] [416] [404] Oath of grand jurors
When the grand jury is completed, the court shall appoint one of the
number foreman; and the following oath shall be administered by the
court, or under its direction, to the jurors: "You solemnly 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
grand jury room, in a criminal case, shall 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".
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Art. 19.35. [366] [417] [405] To instruct jury
The court shall instruct the grand jury as to their duty.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Art. 19.36. [367b] Bailiffs appointed
The court and the district attorney may each appoint one or more
bailiffs to attend upon the grand jury, and at the time of
appointment, the following oath shall be administered to each of
them by the court, or under its direction: "You solemnly swear that
you will faithfully and impartially perform all the duties of
bailiff of the grand jury, and that you will keep secret the
proceedings of the grand jury, so help you God". Such bailiffs
shall be compensated in a sum to be set by the commissioners court
of said county.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Art. 19.37. [368] [419] [407] Bailiff's duties
A bailiff is to obey the instructions of the foreman, to summon all
witnesses, and generally, to perform all such duties as the foreman
may require of him. One bailiff shall be always with the grand
jury, if two or more are appointed.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Art. 19.38. [369] [420] [408] Bailiff violating duty
No bailiff shall take part in the discussions or deliberations of
the grand jury nor be present when they are discussing or voting
upon a question. The grand jury shall report to the court any
violation of duty by a bailiff and the court may punish him for such
violation as for contempt.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Art. 19.39. [370] [421] [409] Another foreman appointed
If the foreman of the grand jury is from any cause absent or unable
or disqualified to act, the court shall appoint in his place some
other member of the body.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Art. 19.40. [371] [422] [410] Quorum
Nine members shall be a quorum for the purpose of discharging any
duty or exercising any right properly belonging to the grand jury.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Art. 19.41. [372] [423] [411] Reassembled
A grand jury discharged by the court for the term may be reassembled
by the court at any time during the term.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Amended by Acts 1999, 76th Leg., ch. 1065, Sec. 4, eff. Sept. 1,
1999.
Art. 19.42. Personal Information About Grand Jurors
(a) Except as provided by Subsection (b), information collected by
the court, court personnel, or prosecuting attorney during the
grand jury selection process about a person who serves as a grand
juror, including the person's home address, home telephone number,
social security number, driver's license number, and other personal
information, is confidential and may not be disclosed by the court,
court personnel, or prosecuting attorney.
(b) On a showing of good cause, the court shall permit disclosure of
the information sought to a party to the proceeding.
Added by Acts 1999, 76th Leg., ch. 1177, Sec. 3, eff. Sept. 1, 1999.
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