BILL ANALYSIS

C.S.H.B. 2637

By: DeAyala

Judiciary & Civil Jurisprudence

Committee Report (Substituted)

BACKGROUND AND PURPOSE

The bill author has informed the committee of several inconsistencies in procedures for summoning and exempting prospective jurors, such as the discrepancy between the petit juror age exemption, which was raised from over 70 years of age to over 75 years of age last session, and the grand juror age exemption, which remains at over 70 years of age. Other inconsistencies include the discretion of court clerks to remove the jury wheel card for a person whose name is on the list of individuals who have been convicted of misdemeanor theft or a felony despite the fact that such individuals are disqualified from jury service as a result of those convictions, which can lead to administrative confusion and inefficient management of juries. C.S.H.B. 2637 seeks to address these issues by standardizing procedures for summoning and exempting petit and grand jurors and making related clarifications.  

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

C.S.H.B. 2637 revises 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.

Grand Jury Service

List of Disqualified Persons for Grand Jury Service

Under current law, on the third business day of each month, the district clerk is required to prepare 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 to send a copy of the list to the secretary of state and the applicable prosecuting attorney. C.S.H.B. 2637 amends the Code of Criminal Procedure to revise this procedure as follows:

·clarifies that the district clerk is required to prepare a list of persons who in the preceding month were disqualified based on the person's citizenship and a separate list of persons who in the preceding month were disqualified based on indictment or conviction for misdemeanor theft or a felony;

·requires the district clerk to send a copy of such lists of disqualified persons to the voter registrar for the county in which the grand jury is sitting, in addition to the secretary of state and the applicable prosecuting attorney; and

·requires the district clerk to prepare a list of people 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 the secretary of state and the voter registrar for the county in which the grand jury is sitting.

Exemptions From Grand Jury Service

C.S.H.B. 2637 replaces references to the excuse of a qualified person from serving on a grand jury in applicable provisions with references to the exemption of a qualified person from serving on a grand jury. Accordingly, the bill replaces the authorization for a court to excuse a summoned person who qualifies for the excusal with a requirement to excuse a summoned person who claims an exemption to which the person is entitled. The bill revises the qualifications for such an exemption as follows:

·changes the age range in which an elderly person may be exempted from older than 70 years of age to 75 years of age or older; and

·limits the qualification for a person who is responsible for the care of a child who is younger than 18 years of age to a person who is responsible for the care of a child who will be without adequate supervision if the person serves on the jury.

C.S.H.B. 2637 authorizes a person who is entitled to exemption from grand jury service because the person is 75 years of age or older to establish a permanent exemption on that ground. Such a person may claim the 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. The bill requires the district clerk to do the following:

·maintain a current register of the name of each person who resides in the county and who has claimed and is entitled to the permanent exemption; and

·prepare, on the third business day of each month, a list of persons who in the preceding month were permanently exempted from serving as a grand juror based on their age or rescinded the permanent exemption as provided under the bill's provisions, and send a copy of the list to the secretary of state and the voter registrar of each county served by the clerk.

The bill prohibits any district judge in the county from selecting or summoning for grand jury service a person whose name appears on the register of persons who are permanently exempt in this manner. The bill authorizes a person who has claimed the permanent exemption to 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. Recission of the permanent exemption expressly 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.

Permanent Disqualifications From Grand Jury Service

C.S.H.B. 2637 requires the district clerk to maintain a list of the name and address of each person who is disqualified from grand jury service because the person was convicted of misdemeanor theft or a felony. The bill permanently disqualifies a person who was convicted of misdemeanor theft or a felony from serving as a grand juror. The bill prohibits any judge of a district court served by the clerk from selecting or summoning for grand jury service a person whose name appears on the list. The bill requires the district clerk, on the third business day of each month, to send a copy of the list of permanently disqualified convicted persons to the following people:

·the secretary of state;

·the voter registrar for the county in which the grand jury is sitting; and

·the applicable prosecuting attorney.

Petit Jury Service

Reconstitution of Jury Wheel and Juror Questionnaire

C.S.H.B. 2637 amends the Government Code to revise the requirements for the list furnished by the Department of Public Safety for purposes of reconstituting the jury wheel for petit jurors, by requiring that the list show citizens in the county who, in addition to holding a valid driver's license or valid personal identification card or certificate, are not disqualified from jury service due to their residency status in Texas and in the applicable county. The bill removes the applicability of the prohibition against the placement of certain names in the jury wheel with respect to the following lists maintained by the court clerk:

·persons who are disqualified from jury service because the person is not a citizen of the United States;

·persons who are disqualified from jury service because the person is not a resident of the county; and

·persons who are disqualified from jury service because the person was convicted of misdemeanor theft or a felony.

With respect to the information contained in a completed juror questionnaire relating to the juror's qualification for jury service that is excepted from disclosure to the voter registrar of a county in connection with any matter of voter registration or the administration of elections, the bill includes among such excepted information the juror's U.S. citizenship status and residence status in Texas and in an applicable county.

Exemptions From Petit Jury Service

C.S.H.B. 2637 lowers the age at which a person is eligible to establish an exemption or claim a permanent exemption from jury service on the grounds of age from over 75 years of age to 75 years of age or older. The bill revises the procedures for establishing such a permanent exemption as follows:

·changes from the county voter registrar to the district clerk the office with which the person files the requisite statement affirming that the person is 75 years of age or older and that the person desires the permanent exemption;

·accordingly transfers from the county voter registrar to the district clerk the duty to maintain a current register indicating the name of each person who has claimed and is entitled to such a permanent exemption;

·requires the district clerk, on the third business day of each month, to prepare a list of persons who in the preceding month claimed and were entitled to the permanent exemption or the rescission of the permanent exemption, and to send a copy of the list to the secretary of state and the voter registrar of each county served by the clerk; and

·with respect to a person who files a statement with the court clerk claiming an exemption on the grounds of age and also claims the permanent exemption by filing a declaration that the person desires the permanent exemption, replaces the requirement for the court clerk to have a copy of the statement delivered to the county voter registrar promptly after being filed with a requirement for the clerk to notify both the secretary of state and the county voter registrar.

C.S.H.B. 2637 authorizes a district clerk, in the same manner as provided by state law for a district court judge, to permanently or for a specified period exempt from service as a petit juror in all the county and district courts in the county a person with a physical or mental impairment or with an inability to comprehend or communicate in the English language that makes it impossible or very difficult for the person to serve on the jury but removes language specifying that such an exemption may be provided by order. Accordingly, the bill authorizes a person requesting an exemption for physical or mental impairment or inability to comprehend English to submit to the district clerk an affidavit stating the person's name and address and the reason for and the duration of the requested exemption. The bill requires the district clerk to maintain a current list indicating the name of each person permanently or temporarily exempt from jury service on these grounds and the period of the exemption. The bill changes from the county voter registrar to the district clerk the office with which a person exempt from petit jury service on these grounds may file a signed request for the rescission of the exemption.

Compilation of Lists of Persons Disqualified From Petit Jury Service

C.S.H.B. 2637 revises the requirement for a court clerk, on the third business day of each month, to send a copy of the list of the persons disqualified from petit jury service because of a conviction for misdemeanor theft or a felony in the preceding month to the secretary of state as follows:

·removes the specification that the list is based on such convictions in the preceding month; and

·includes among the required recipients the county voter registrar and the applicable prosecuting attorney.

The bill removes a district clerk's discretion to remove from the jury wheel the jury wheel card for a person whose name appears on the list by requiring the district clerk to do so.

Applicability

C.S.H.B. 2637 applies only to a person who is summoned to appear for service on a grand jury or petit jury on or after the bill's effective date. A person who is summoned to appear for service on a grand jury or petit jury before the bill's effective date is governed by the law in effect on the date the person was summoned, and the former law is continued in effect for that purpose.

EFFECTIVE DATE

September 1, 2025.

COMPARISON OF INTRODUCED AND SUBSTITUTE

While C.S.H.B. 2637 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill.

The substitute does not include the following provisions present in the introduced:

·the provision that conditioned the authority of a court in Texas to summon a jury in a civil trial on a party to the civil action filing a written demand for a jury trial with the court clerk and paying to the clerk a jury fee of $50 by a prescribed deadline; and

·the provision that required the court clerk to deposit the jury fee to the county jury fund maintained in the county treasury and established that the fee is in addition to the money allocated to the county jury fund.

Both the substitute and the introduced include the following requirements:

·the requirement for a court clerk to prepare, on the third business day of each month, a list of persons who in the preceding month were permanently exempted from serving as a grand juror based on their age and to send a copy of the list to the secretary of state and the voter registrar of each county served by the clerk; and

·the requirement for a district clerk, on the third business day of each month, to prepare a list of persons who in the preceding month claimed and were entitled to the permanent exemption from petit jury service based on age and to send a copy of the list to the secretary of state and the voter registrar of each county served by the clerk.

However, the substitute includes persons who in the preceding month rescinded the permanent exemption for grand jury service or who claimed and were entitled to a rescission of the permanent exemption for petit jury service among the persons on the applicable list, whereas the introduced did not.

Both the substitute and the introduced replace the requirement for the court clerk to have a copy of a statement claiming a permanent exemption from petit jury service on grounds of age delivered to the county voter registrar promptly after being filed with a requirement for the clerk to notify the county voter registrar. However, the substitute includes the secretary of state among the recipients of that notice, whereas the introduced did not.

Both the substitute and the introduced revise the requirement for a court clerk, on the third business day of each month, to send a copy of the list of the persons disqualified from petit jury service because of a conviction for misdemeanor theft or a felony in the preceding month to the secretary of state in the same manner with respect to the removal of a specification and the inclusion of certain recipients. However, the introduced version required the list to be sent, whereas the substitute does not include that requirement and instead retains the requirement in current law for a copy of the list to be sent.