Title CR, Code of Criminal Procedure

Art. 19A.054. FAILURE TO ATTEND. The court, by an order entered on the record, may impose a fine of not less than $100 and not more than $500 on a legally summoned grand juror who fails to attend without a reasonable excuse. Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173…

Art. 19A.101. GRAND JUROR QUALIFICATIONS; LISTS OF DISQUALIFIED PERSONS. (a) Except as provided by Subsection (a-1), 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…

Art. 19A.102. TESTING QUALIFICATIONS OF PROSPECTIVE GRAND JURORS. (a) When at least 14 persons summoned to serve as grand jurors are present, the court shall test the qualifications of the prospective grand jurors to serve as grand jurors. (b) Before impaneling a grand juror, the…

Art. 19A.103. QUALIFIED GRAND JURORS ACCEPTED. If, by the person's answer, it appears to the court that the person is a qualified grand juror, the court shall accept the person as a grand juror unless it is shown that the person: (1) is not of sound mind or of good moral characte…

Art. 19A.104. PERSONAL INFORMATION CONFIDENTIAL. (a) Except as provided by Subsection (c), 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 is confidential and may not b…

Art. 19A.105. EXCUSE AND EXEMPTION 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 exempte…

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 exemp…

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 per…

Art. 19A.151. ANY PERSON MAY CHALLENGE. (a) Before the grand jury is impaneled, any person may challenge the array of grand jurors or any person presented as a grand juror. The court may not hear objections to the qualifications and legality of the grand jury in any other way. (b…

Art. 19A.152. CHALLENGE TO ARRAY. (a) A challenge to the array may be made only for the following causes: (1) that the persons summoned as grand jurors are not in fact the persons selected by the method provided by Article 19A.051; or (2) that the officer who summoned the grand j…

Art. 19A.153. CHALLENGE TO GRAND JUROR. (a) A challenge to a grand juror may be made orally for any of the following causes: (1) that the grand juror is insane; (2) that the grand juror has a defect in the organs of feeling or hearing, or a bodily or mental defect or disease that…

Art. 19A.154. DETERMINATION OF VALIDITY OF CHALLENGE. When a person challenges the array or a grand juror, the court shall hear proof and decide in a summary manner whether the challenge is well founded. Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.03, eff. Ja…

Art. 19A.155. ADDITIONAL PROSPECTIVE GRAND JURORS SUMMONED FOLLOWING CHALLENGE. (a) If the court sustains a challenge to the array, the court shall order another grand jury to be summoned. (b) If, because of a challenge to any particular grand juror, fewer than 12 grand jurors re…

Art. 19A.201. GRAND JURY IMPANELED. (a) When at least 16 qualified grand jurors are found to be present, the court shall select 12 fair and impartial persons as grand jurors and 4 additional persons as alternate grand jurors to serve on disqualification or unavailability of a gra…

Art. 19A.202. OATH OF GRAND JURORS. The court or a person under the direction of the court shall administer the following oath to the grand jurors when the grand jury is completed: "You solemnly swear that you will diligently inquire into, and true presentment make, of all such m…

Art. 19A.203. FOREPERSON. (a) When the grand jury is completed, the court shall appoint one of the grand jurors as foreperson. (b) If the foreperson is for any cause absent or unable or disqualified to act, the court shall appoint another grand juror as foreperson. Added by Acts …

Art. 19A.204. COURT INSTRUCTIONS. The court shall instruct the grand jury regarding the grand jurors' duty. Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.03, eff. January 1, 2021. SUBCHAPTER F. ORGANIZATION AND TERM OF GRAND JURY

Art. 19A.251. QUORUM. Nine grand jurors constitute a quorum for the purpose of discharging a duty or exercising a right properly belonging to the grand jury. Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.03, eff. January 1, 2021.

Art. 19A.252. DISQUALIFICATION OR UNAVAILABILITY OF GRAND JUROR. (a) 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: (1) identifying the disqualified…

Art. 19A.253. RECUSAL OF GRAND JUROR. (a) A grand juror who, during the course of the grand juror's service on the grand jury, determines that the grand juror could be subject to a valid challenge for cause under Article 19A.153, shall recuse himself or herself from grand jury se…

Art. 19A.254. REASSEMBLY OF GRAND JURY. A grand jury discharged by the court for the term may be reassembled by the court at any time during the term. Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.03, eff. January 1, 2021.

Art. 19A.255. EXTENSION OF TERM. (a) If, before the expiration of the term for which the grand jury was impaneled, the foreperson or a majority of the grand jurors declares in open court that the grand jury's investigation of the matters before the grand jury cannot be concluded …

Art. 19A.256. REFERRAL TO GRAND JURY IN SEXUAL ASSAULT CASES. (a) If a district judge becomes aware that sexual assault within the jurisdiction of the court has probably been committed, the judge shall direct the grand jury to investigate the accusation: (1) immediately, if the c…

Art. 19A.301. BAILIFFS APPOINTED; COMPENSATION. (a) The court and the district attorney may each appoint one or more bailiffs to attend to the grand jury. (b) The court, or a person under the direction of the court, shall administer the following oath to each bailiff at the time …

Art. 19A.302. BAILIFF'S DUTIES. (a) A bailiff shall: (1) obey the instructions of the foreperson; (2) summon all witnesses; and (3) perform all duties the foreperson requires of the bailiff. (b) One bailiff shall always be with the grand jury if two or more bailiffs are appointed…

Art. 19A.303. BAILIFF'S VIOLATION OF DUTY. (a) A bailiff may not: (1) take part in the discussions or deliberations of the grand jury; or (2) be present when the grand jury is discussing or voting on a question. (b) The grand jury shall report to the court any violation of duty b…