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A BILL TO BE ENTITLED
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AN ACT
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relating to grand jury proceedings. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 20A.102(a), Code of Criminal Procedure, |
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is amended to read as follows: |
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(a) While the grand jury is conducting proceedings, only the |
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following persons may be present in the grand jury room: |
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(1) a grand juror; |
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(2) a bailiff; |
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(3) the attorney representing the state; |
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(4) a witness: |
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(A) while the witness is being examined; or |
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(B) when the witness's presence is necessary to |
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assist the attorney representing the state in examining another |
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witness or presenting evidence to the grand jury; |
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(5) an interpreter, if necessary; |
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(6) a stenographer or a person operating an electronic |
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recording device, as provided by Article 20A.201; [and] |
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(7) a person operating a video teleconferencing system |
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for use under Article 20A.259; and |
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(8) an attorney representing a witness, including a |
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witness who is an accused or suspected person, during the time the |
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witness is being examined or offering testimony to the grand jury |
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and for the sole purpose of providing consultation in the manner |
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described by Article 20A.1031. |
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SECTION 2. Subchapter C, Chapter 20A, Code of Criminal |
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Procedure, is amended by adding Article 20A.1031 to read as |
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follows: |
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Art. 20A.1031. ATTORNEY REPRESENTING WITNESS ENTITLED TO |
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APPEAR. A witness who testifies before a grand jury, including a |
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witness who is an accused or suspected person, is entitled to have |
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an attorney present while the grand jury is questioning the |
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witness. The grand jury shall permit the attorney or the witness to |
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interrupt the questioning at any time so that the witness may |
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consult with the attorney outside the hearing of the grand jury. |
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SECTION 3. Article 20A.204(a), Code of Criminal Procedure, |
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is amended to read as follows: |
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(a) The attorney representing the state may not disclose |
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anything transpiring before the grand jury except as permitted by |
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this article, [or] Article 20A.205(a) or (b), or Article 39.14(h). |
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SECTION 4. Article 20A.257, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 20A.257. EXAMINATION OF WITNESSES. (a) A person who |
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is subpoenaed to appear as a witness before a grand jury shall be |
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given a reasonable opportunity to retain counsel and to consult |
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with counsel before the person's appearance. |
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(b) Only a grand juror or the attorney representing the |
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state may examine a witness before the grand jury. |
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(c) [(b)] The attorney representing the state shall advise |
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the grand jury regarding the proper mode of examining a witness. |
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(d) Before the grand jury may question the witness, a |
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witness appearing before a grand jury shall be orally given the |
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following warning: |
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"Your testimony before this grand jury is under oath. Any |
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material question that is answered falsely before this grand jury |
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subjects you to being prosecuted for aggravated perjury. You have |
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the right to refuse to make answers to any question, the answer to |
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which would incriminate you in any manner. During questioning, you |
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have the right to have an attorney present to advise you before |
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making answers to questions you feel might incriminate you. Any |
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testimony you give may be used against you at any subsequent |
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proceeding." |
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(e) [(c)] If a felony has been committed in any county in |
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the grand jury's jurisdiction, and the name of the offender is known |
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or unknown or if it is uncertain when or how the felony was |
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committed, the grand jury shall first state the subject matter |
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under investigation to a witness called before the grand jury and |
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may then ask questions relevant to the transaction in general terms |
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and in a manner that enables a determination as to whether the |
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witness has knowledge of the violation of any particular law by any |
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person, and if so, by what person. |
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SECTION 5. Article 39.14(h), Code of Criminal Procedure, is |
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amended to read as follows: |
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(h) Notwithstanding any other provision of this article, |
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the state shall disclose to the defendant any exculpatory, |
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impeachment, or mitigating document, item, or information in the |
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possession, custody, or control of the state that tends to negate |
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the guilt of the defendant or would tend to reduce the punishment |
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for the offense charged, including any exculpatory, impeachment, or |
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mitigating document, item, or information that was obtained as a |
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result of a grand jury proceeding. |
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SECTION 6. The changes in law made by this Act apply only to |
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a grand jury proceeding that begins on or after the effective date |
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of this Act. A grand jury proceeding that begins before the |
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effective date of this Act is governed by the law in effect on the |
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date the proceeding began, and the former law is continued in effect |
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for that purpose. |
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SECTION 7. This Act takes effect September 1, 2021. |