1-1 By: Shelley S.B. No. 164
1-2 (In the Senate - Filed January 25, 1993; January 26, 1993,
1-3 read first time and referred to Committee on Criminal Justice;
1-4 April 6, 1993, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 5, Nays 0; April 6, 1993,
1-6 sent to printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Whitmire x
1-10 Brown x
1-11 Nelson x
1-12 Sibley x
1-13 Sims x
1-14 Turner x
1-15 West x
1-16 COMMITTEE SUBSTITUTE FOR S.B. No. 164 By: Sibley
1-17 A BILL TO BE ENTITLED
1-18 AN ACT
1-19 relating to the operations of a grand jury; providing penalties.
1-20 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-21 SECTION 1. Chapter 20, Code of Criminal Procedure, is
1-22 amended by adding Articles 20.011 and 20.012 to read as follows:
1-23 Art. 20.011. WHO MAY BE PRESENT IN GRAND JURY ROOM.
1-24 (a) Only the following persons may be present in a grand jury room
1-25 while the grand jury is conducting proceedings:
1-26 (1) grand jurors;
1-27 (2) bailiffs;
1-28 (3) the attorney representing the state;
1-29 (4) witnesses while being examined or when necessary
1-30 to assist the attorney representing the state in examining other
1-31 witnesses or presenting evidence to the grand jury;
1-32 (5) interpreters, if necessary; and
1-33 (6) a stenographer or person operating an electronic
1-34 recording device, as provided by Article 20.012 of this code.
1-35 (b) Only grand jurors may be present in a grand jury room
1-36 while the grand jury is conducting deliberations.
1-37 Art. 20.012. RECORDING OF CERTAIN TESTIMONY. (a) Questions
1-38 propounded by the grand jury or the state's attorney to a person
1-39 accused or suspected and the testimony of that person to the grand
1-40 jury shall be recorded either by a stenographer or by use of an
1-41 electronic device capable of recording sound.
1-42 (b) The validity of a grand jury proceeding is not affected
1-43 by an unintentional failure to record all or part of questions
1-44 propounded or testimony made under Subsection (a) of this article.
1-45 (c) The attorney representing the state shall maintain
1-46 possession of all records made under this article and any
1-47 typewritten transcription of those records, except as provided by
1-48 Article 20.02 of this code.
1-49 SECTION 2. Article 20.02, Code of Criminal Procedure, is
1-50 amended to read as follows:
1-51 Art. 20.02. PROCEEDINGS <DELIBERATIONS> SECRET. (a) The
1-52 proceedings <deliberations> of the grand jury shall be secret.
1-53 (b) Except as provided by Subsections (c) and (d) of this
1-54 article, a <Any> grand juror, <or> bailiff, interpreter,
1-55 stenographer or person operating an electronic recording device, or
1-56 person preparing a typewritten transcription of a stenographic or
1-57 electronic recording who discloses <divulges> anything transpiring
1-58 before the grand jury <them> in the course of the <their> official
1-59 duties of the grand jury shall be liable to a fine as for contempt
1-60 of the court, not exceeding five hundred dollars, and to
1-61 imprisonment not exceeding thirty days.
1-62 (c) A record made under Article 20.012 of this code, a
1-63 typewritten transcription of that record, or a disclosure otherwise
1-64 prohibited by Subsection (b) of this article or by Article 20.16 of
1-65 this code may be made to the attorney representing the state for
1-66 use by the attorney in performing the attorney's duties or to
1-67 another grand jury or law enforcement agency of the state or
1-68 political subdivision of the state, as permitted by the attorney
2-1 representing the state and determined by the attorney as necessary
2-2 to assist the attorney in the performance of the attorney's duties.
2-3 The attorney representing the state shall warn any person the
2-4 attorney authorizes to receive information under this subsection of
2-5 the person's duty to maintain the secrecy of the information. Any
2-6 person who receives information under this subsection and discloses
2-7 the information for purposes other than those permitted by this
2-8 subsection is subject to punishment for contempt in the same manner
2-9 as persons who violate Subsection (b) of this article.
2-10 (d) The defendant may petition a court to order the
2-11 disclosure of information otherwise made secret by this article or
2-12 the disclosure of a recording or typewritten transcription under
2-13 Article 20.012 of this code as a matter preliminary to or in
2-14 connection with a judicial proceeding. The court may order
2-15 disclosure of the information, recording, or transcription on a
2-16 showing by the defendant of particularized need.
2-17 (e) A petition for disclosure under Subsection (d) of this
2-18 article must be filed in the district court in which the case is
2-19 pending. The defendant must also file a copy of the petition with
2-20 the attorney representing the state, the parties to the judicial
2-21 proceeding, and any other persons required by the court to receive
2-22 a copy of the petition. All persons receiving a petition under
2-23 this subsection are entitled to appear before the court. A court
2-24 shall provide interested parties with an opportunity to appear and
2-25 present arguments for the continuation of or end to the requirement
2-26 of secrecy.
2-27 (f) Any person who receives information under Subsection (d)
2-28 or (e) of this article and discloses that information is subject to
2-29 punishment for contempt in the same manner as persons who violate
2-30 Subsection (b) of this article.
2-31 (g) The attorney for the state shall not disclose anything
2-32 transpiring before the grand jury except pursuant to the provisions
2-33 of Subsections (c), (d), and (e) of this article.
2-34 SECTION 3. (a) The changes in law made by this Act apply
2-35 only to grand jury proceedings occurring on or after the effective
2-36 date of this Act.
2-37 (b) Grand jury proceedings occurring before the effective
2-38 date of this Act are covered by the law in effect when the
2-39 proceedings occurred, and the former law is continued in effect for
2-40 this purpose.
2-41 SECTION 4. This Act takes effect September 1, 1993.
2-42 SECTION 5. The importance of this legislation and the
2-43 crowded condition of the calendars in both houses create an
2-44 emergency and an imperative public necessity that the
2-45 constitutional rule requiring bills to be read on three several
2-46 days in each house be suspended, and this rule is hereby suspended.
2-47 * * * * *
2-48 Austin,
2-49 Texas
2-50 April 6, 1993
2-51 Hon. Bob Bullock
2-52 President of the Senate
2-53 Sir:
2-54 We, your Committee on Criminal Justice to which was referred S.B.
2-55 No. 164, have had the same under consideration, and I am instructed
2-56 to report it back to the Senate with the recommendation that it do
2-57 not pass, but that the Committee Substitute adopted in lieu thereof
2-58 do pass and be printed.
2-59 Whitmire,
2-60 Chairman
2-61 * * * * *
2-62 WITNESSES
2-63 FOR AGAINST ON
2-64 ___________________________________________________________________
2-65 Name: Rob Kepple x
2-66 Representing: Tx Dist & County Att Assoc
2-67 City: Austin
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