By: Shelley S.B. No. 164
73R3066 DRH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the operations of a grand jury; providing penalties.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Chapter 20, Code of Criminal Procedure, is
1-5 amended by adding Articles 20.011 and 20.012 to read as follows:
1-6 Art. 20.011. WHO MAY BE PRESENT IN GRAND JURY ROOM. Only
1-7 the following persons may be present in a grand jury room while the
1-8 grand jury is conducting proceedings:
1-9 (1) grand jurors;
1-10 (2) bailiffs;
1-11 (3) the attorney representing the state;
1-12 (4) witnesses while being examined;
1-13 (5) interpreters, if necessary; and
1-14 (6) a stenographer or person operating an electronic
1-15 recording device, as provided by Article 20.012 of this code.
1-16 Art. 20.012. RECORDING OF CERTAIN TESTIMONY. (a) Questions
1-17 propounded by the grand jury or the state's attorney to a person
1-18 accused or suspected and the testimony of that person to the grand
1-19 jury shall be recorded either by a stenographer or by use of an
1-20 electronic device capable of recording sound.
1-21 (b) The validity of a grand jury proceeding is not affected
1-22 by an unintentional failure to record all or part of questions
1-23 propounded or testimony made under Subsection (a) of this article.
1-24 (c) The attorney representing the state shall maintain
2-1 possession of all records made under this article and any
2-2 typewritten transcription of those records, except as provided by
2-3 Article 20.02 of this code.
2-4 SECTION 2. Article 20.02, Code of Criminal Procedure, is
2-5 amended to read as follows:
2-6 Art. 20.02. PROCEEDINGS <DELIBERATIONS> SECRET. (a) The
2-7 deliberations of the grand jury shall be secret.
2-8 (b) Except as provided by Subsections (c) and (d) of this
2-9 article, a <Any> grand juror, <or> bailiff, attorney representing
2-10 the state, interpreter, stenographer or person operating an
2-11 electronic recording device, or person preparing a typewritten
2-12 transcription of a stenographic or electronic recording who
2-13 discloses <divulges> anything transpiring before the grand jury
2-14 <them> in the course of the <their> official duties of the grand
2-15 jury shall be liable to a fine as for contempt of the court, not
2-16 exceeding five hundred dollars, and to imprisonment not exceeding
2-17 thirty days.
2-18 (c) A record made under Article 20.012 of this code, a
2-19 typewritten transcription of that record, or a disclosure otherwise
2-20 prohibited by Subsection (b) of this article or by Article 20.16 of
2-21 this code may be made to the attorney representing the state for
2-22 use by the attorney in performing the attorney's duties or to
2-23 another grand jury or law enforcement agency of the state or
2-24 political subdivision of the state, as permitted by the attorney
2-25 representing the state and determined by the attorney as necessary
2-26 to assist the attorney in the performance of the attorney's duties.
2-27 The attorney representing the state shall warn any person the
3-1 attorney authorizes to receive information under this subsection of
3-2 the person's duty to maintain the secrecy of the information and
3-3 shall promptly provide the court with the name and title of the
3-4 person. Any person who receives information under this subsection
3-5 and discloses the information for purposes other than those
3-6 permitted by this subsection is subject to punishment for contempt
3-7 in the same manner as persons who violate Subsection (b) of this
3-8 article.
3-9 (d) On the petition of the defendant or the attorney
3-10 representing the state, a court may order the disclosure of
3-11 information otherwise made secret by this article or the disclosure
3-12 of a recording or typewritten transcription under Article 20.012 of
3-13 this code under the following circumstances:
3-14 (1) as a matter preliminary to or in connection with a
3-15 judicial proceeding;
3-16 (2) at the request of the defendant, on a showing that
3-17 grounds may exist for a motion to dismiss the indictment because of
3-18 matters occurring before the grand jury; or
3-19 (3) to a law enforcement agency of the state or a
3-20 political subdivision of the state, on a showing by the attorney
3-21 representing the state that the disclosure is necessary to enforce
3-22 the law.
3-23 (e) A petition for disclosure under Subsection (d)(1) of
3-24 this article must be filed in the district court in which the grand
3-25 jury was impaneled. If the defendant files the petition, the
3-26 defendant must also file a copy of the petition with the attorney
3-27 representing the state, the parties to the judicial proceeding, and
4-1 any other persons required by the court to receive a copy of the
4-2 petition. All persons receiving a petition under this subsection
4-3 are entitled to appear before the court. If the petition is filed
4-4 by the attorney representing the state, the court may hold an ex
4-5 parte hearing on the matter. If the judicial proceeding occurs in
4-6 a district court other than the court in which the grand jury was
4-7 impaneled, the court in which the grand jury was impaneled shall
4-8 transfer the matter to the other court unless the court in which
4-9 the grand jury was impaneled can reasonably obtain sufficient
4-10 information to determine whether disclosure of the information
4-11 sought is proper. If the court in which the grand jury was
4-12 impaneled transfers the matter to another court, the transferring
4-13 court shall provide the other court with a written evaluation as to
4-14 any need for continued secrecy. A court to which a matter is
4-15 transferred under this subsection shall provide interested parties
4-16 with an opportunity to appear and present arguments for the
4-17 continuation of or end to the requirement of secrecy.
4-18 SECTION 3. Article 20.22, Code of Criminal Procedure, is
4-19 amended to read as follows:
4-20 Art. 20.22. SEALED INDICTMENTS AND RECORDS; CLOSED HEARINGS
4-21 <PRESENTMENT ENTERED OF RECORD>. (a) A court to which an
4-22 indictment is returned may order the indictment kept secret until
4-23 the defendant is in custody or has been released pending trial. On
4-24 the order of the court, the clerk shall seal the indictment, and
4-25 the return of the indictment may be disclosed only as necessary for
4-26 the issuance and execution of a warrant or summons.
4-27 (b) The court shall order records, orders, and subpoenas
5-1 related to grand jury proceedings sealed to the extent and for the
5-2 time necessary to prevent disclosure of matters before the grand
5-3 jury.
5-4 (c) The court shall order all hearings on matters before a
5-5 grand jury to be closed, except for contempt hearings for which a
5-6 person cited for contempt is entitled to an open hearing <The fact
5-7 of a presentment of indictment by a grand jury shall be entered
5-8 upon the minutes of the court, noting briefly the style of the
5-9 criminal action and the file number of the indictment, but omitting
5-10 the name of the defendant, unless he is in custody or under bond>.
5-11 SECTION 4. (a) The changes in law made by this Act apply
5-12 only to grand jury proceedings occurring on or after the effective
5-13 date of this Act.
5-14 (b) Grand jury proceedings occurring before the effective
5-15 date of this Act are covered by the law in effect when the
5-16 proceedings occurred, and the former law is continued in effect for
5-17 this purpose.
5-18 SECTION 5. This Act takes effect September 1, 1993.
5-19 SECTION 6. The importance of this legislation and the
5-20 crowded condition of the calendars in both houses create an
5-21 emergency and an imperative public necessity that the
5-22 constitutional rule requiring bills to be read on three several
5-23 days in each house be suspended, and this rule is hereby suspended.