By: Shelley S.B. No. 164
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the operations of a grand jury; providing penalties.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Chapter 20, Code of Criminal Procedure, is
1-4 amended by adding Articles 20.011 and 20.012 to read as follows:
1-5 Art. 20.011. WHO MAY BE PRESENT IN GRAND JURY ROOM.
1-6 (a) Only the following persons may be present in a grand jury room
1-7 while the grand jury is conducting proceedings:
1-8 (1) grand jurors;
1-9 (2) bailiffs;
1-10 (3) the attorney representing the state;
1-11 (4) witnesses while being examined or when necessary
1-12 to assist the attorney representing the state in examining other
1-13 witnesses or presenting evidence to the grand jury;
1-14 (5) interpreters, if necessary; and
1-15 (6) a stenographer or person operating an electronic
1-16 recording device, as provided by Article 20.012 of this code.
1-17 (b) Only grand jurors may be present in a grand jury room
1-18 while the grand jury is conducting deliberations.
1-19 Art. 20.012. RECORDING OF CERTAIN TESTIMONY. (a) Questions
1-20 propounded by the grand jury or the state's attorney to a person
1-21 accused or suspected and the testimony of that person to the grand
1-22 jury shall be recorded either by a stenographer or by use of an
1-23 electronic device capable of recording sound.
1-24 (b) The validity of a grand jury proceeding is not affected
2-1 by an unintentional failure to record all or part of questions
2-2 propounded or testimony made under Subsection (a) of this article.
2-3 (c) The attorney representing the state shall maintain
2-4 possession of all records made under this article and any
2-5 typewritten transcription of those records, except as provided by
2-6 Article 20.02 of this code.
2-7 SECTION 2. Article 20.02, Code of Criminal Procedure, is
2-8 amended to read as follows:
2-9 Art. 20.02. PROCEEDINGS <DELIBERATIONS> SECRET. (a) The
2-10 proceedings <deliberations> of the grand jury shall be secret.
2-11 (b) Except as provided by Subsections (c) and (d) of this
2-12 article, a <Any> grand juror, <or> bailiff, interpreter,
2-13 stenographer or person operating an electronic recording device, or
2-14 person preparing a typewritten transcription of a stenographic or
2-15 electronic recording who discloses <divulges> anything transpiring
2-16 before the grand jury <them> in the course of the <their> official
2-17 duties of the grand jury shall be liable to a fine as for contempt
2-18 of the court, not exceeding five hundred dollars, and to
2-19 imprisonment not exceeding thirty days.
2-20 (c) A record made under Article 20.012 of this code, a
2-21 typewritten transcription of that record, or a disclosure otherwise
2-22 prohibited by Subsection (b) of this article or by Article 20.16 of
2-23 this code may be made to the attorney representing the state for
2-24 use by the attorney in performing the attorney's duties or to
2-25 another grand jury or law enforcement agency of the state or
2-26 political subdivision of the state, as permitted by the attorney
2-27 representing the state and determined by the attorney as necessary
3-1 to assist the attorney in the performance of the attorney's duties.
3-2 The attorney representing the state shall warn any person the
3-3 attorney authorizes to receive information under this subsection of
3-4 the person's duty to maintain the secrecy of the information. Any
3-5 person who receives information under this subsection and discloses
3-6 the information for purposes other than those permitted by this
3-7 subsection is subject to punishment for contempt in the same manner
3-8 as persons who violate Subsection (b) of this article.
3-9 (d) The defendant may petition a court to order the
3-10 disclosure of information otherwise made secret by this article or
3-11 the disclosure of a recording or typewritten transcription under
3-12 Article 20.012 of this code as a matter preliminary to or in
3-13 connection with a judicial proceeding. The court may order
3-14 disclosure of the information, recording, or transcription on a
3-15 showing by the defendant of particularized need.
3-16 (e) A petition for disclosure under Subsection (d) of this
3-17 article must be filed in the district court in which the case is
3-18 pending. The defendant must also file a copy of the petition with
3-19 the attorney representing the state, the parties to the judicial
3-20 proceeding, and any other persons required by the court to receive
3-21 a copy of the petition. All persons receiving a petition under
3-22 this subsection are entitled to appear before the court. A court
3-23 shall provide interested parties with an opportunity to appear and
3-24 present arguments for the continuation of or end to the requirement
3-25 of secrecy.
3-26 (f) Any person who receives information under Subsection (d)
3-27 or (e) of this article and discloses that information is subject to
4-1 punishment for contempt in the same manner as persons who violate
4-2 Subsection (b) of this article.
4-3 (g) The attorney for the state shall not disclose anything
4-4 transpiring before the grand jury except pursuant to the provisions
4-5 of Subsections (c), (d), and (e) of this article.
4-6 SECTION 3. (a) The changes in law made by this Act apply
4-7 only to grand jury proceedings occurring on or after the effective
4-8 date of this Act.
4-9 (b) Grand jury proceedings occurring before the effective
4-10 date of this Act are covered by the law in effect when the
4-11 proceedings occurred, and the former law is continued in effect for
4-12 this purpose.
4-13 SECTION 4. This Act takes effect September 1, 1993.
4-14 SECTION 5. The importance of this legislation and the
4-15 crowded condition of the calendars in both houses create an
4-16 emergency and an imperative public necessity that the
4-17 constitutional rule requiring bills to be read on three several
4-18 days in each house be suspended, and this rule is hereby suspended.