CHAPTER 19. ORGANIZATION OF THE GRAND JURY
CODE OF CRIMINAL PROCEDURE
TITLE 1. CODE OF CRIMINAL PROCEDURE
CHAPTER 19. ORGANIZATION OF THE GRAND JURY
Art. 19.01. 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. 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. 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. 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. 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. 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. A
commissioner is not qualified to be selected for or to serve as a
grand juror during the term of court for which the commissioner
is serving as a commissioner.
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.
Amended by:
Acts 2005, 79th Leg., Ch.
801, Sec. 1, eff. September 1, 2005.
Art. 19.07. 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. QUALIFICATIONS. No person shall be selected or
serve as a grand juror who does not possess the following
qualifications:
1. The person must be a citizen of the state, and of the county
in which the person is to serve, and be qualified under the
Constitution and laws to vote in said county, provided that the
person's failure to register to vote shall not be held to
disqualify the person in this instance;
2. The person must be of sound mind and good moral character;
3. The person must be able to read and write;
4. The person must not have been convicted of misdemeanor theft
or a felony;
5. The person must not be under indictment or other legal
accusation for misdemeanor theft or a felony;
6. The person 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. The person must not have served as grand juror or jury
commissioner in the year before the date on which the term of
court for which the person has been selected as grand juror
begins;
8. The person must not be 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.
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.
Amended by:
Acts 2005, 79th Leg., Ch.
801, Sec. 2, eff. September 1, 2005.
Art. 19.09. 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. 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. 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. 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. 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. 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. 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. 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 $100 nor
more than $500.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
640, Sec. 2, eff. September 1, 2009.
Art. 19.17. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. "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. "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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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.