By: Carriker S.B. No. 543
73R5845 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;
1-14 (6) a stenographer or person operating an electronic
1-15 recording device, as provided by Article 20.012 of this code; and
1-16 (7) an attorney representing a witness for the sole
1-17 purpose of consultation.
1-18 Art. 20.012. RECORDING OF CERTAIN TESTIMONY. (a) Questions
1-19 propounded by the grand jury or the state's attorney to a person
1-20 accused or suspected and the testimony of that person to the grand
1-21 jury shall be recorded either by a stenographer or by use of an
1-22 electronic device capable of recording sound.
1-23 (b) The validity of a grand jury proceeding is not affected
1-24 by an unintentional failure to record all or part of questions
2-1 propounded or testimony made under Subsection (a) of this article.
2-2 (c) The attorney representing the state shall maintain
2-3 possession of all records made under this article and any
2-4 typewritten transcription of those records, except as provided by
2-5 Article 20.02 of this code.
2-6 SECTION 2. Article 20.02, Code of Criminal Procedure, is
2-7 amended to read as follows:
2-8 Art. 20.02. PROCEEDINGS <DELIBERATIONS> SECRET. (a) The
2-9 deliberations of the grand jury shall be secret.
2-10 (b) Except as provided by Subsections (c), (d), and (e) of
2-11 this article, a <Any> grand juror, <or> bailiff, attorney
2-12 representing the state, attorney representing a witness,
2-13 interpreter, stenographer or person operating an electronic
2-14 recording device, or person preparing a typewritten transcription
2-15 of a stenographic or electronic recording who discloses <divulges>
2-16 anything transpiring before the grand jury <them> in the course of
2-17 the <their> official duties of the grand jury shall be liable to a
2-18 fine as for contempt of the court, not exceeding five hundred
2-19 dollars, and to 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:
2-24 (1) the attorney representing the state for use by the
2-25 attorney in performing the attorney's duties; or
2-26 (2) to another grand jury or law enforcement agency of
2-27 the state or political subdivision of the state, as permitted by
3-1 the attorney representing the state and determined by the attorney
3-2 as necessary to assist the attorney in the performance of the
3-3 attorney's duties.
3-4 (d) The attorney representing the state shall warn any
3-5 person the attorney authorizes to receive information under
3-6 Subsection (c) of this article of the person's duty to maintain the
3-7 secrecy of the information and shall promptly provide the court
3-8 with the name and title of the person. Any person who receives
3-9 information under Subsection (c) of this article and discloses the
3-10 information for purposes other than those permitted by that
3-11 subsection is subject to punishment for contempt in the same manner
3-12 as persons who violate Subsection (b) of this article.
3-13 (e) On the petition of the defendant or the attorney
3-14 representing the state, a court may order the disclosure of
3-15 information otherwise made secret by this article or the disclosure
3-16 of a recording or typewritten transcription under Article 20.012 of
3-17 this code under the following circumstances:
3-18 (1) as a matter preliminary to or in connection with a
3-19 judicial proceeding;
3-20 (2) at the request of the defendant, on a showing that
3-21 grounds may exist for a motion to dismiss the indictment because of
3-22 matters occurring before the grand jury; or
3-23 (3) to a law enforcement agency of the state or a
3-24 political subdivision of the state, on a showing by the attorney
3-25 representing the state that the disclosure is necessary to enforce
3-26 the law.
3-27 (f) A petition for disclosure under Subsection (e)(1) of
4-1 this article must be filed in the district court in which the grand
4-2 jury was impaneled. If the defendant files the petition, the
4-3 defendant must also file a copy of the petition with the attorney
4-4 representing the state, the parties to the judicial proceeding, and
4-5 any other persons required by the court to receive a copy of the
4-6 petition. All persons receiving a petition under this subsection
4-7 are entitled to appear before the court. If the petition is filed
4-8 by the attorney representing the state, the court may hold an ex
4-9 parte hearing on the matter. If the judicial proceeding occurs in
4-10 a district court other than the court in which the grand jury was
4-11 impaneled, the court in which the grand jury was impaneled shall
4-12 transfer the matter to the other court unless the court in which
4-13 the grand jury was impaneled can reasonably obtain sufficient
4-14 information to determine whether disclosure of the information
4-15 sought is proper. If the court in which the grand jury was
4-16 impaneled transfers the matter to another court, the transferring
4-17 court shall provide the other court with a written evaluation as to
4-18 any need for continued secrecy. A court to which a matter is
4-19 transferred under this subsection shall provide interested parties
4-20 with an opportunity to appear and present arguments for the
4-21 continuation of or end to the requirement of secrecy.
4-22 SECTION 3. Article 20.03, Code of Criminal Procedure, is
4-23 amended to read as follows:
4-24 Art. 20.03. Attorney <Representing State> Entitled To
4-25 Appear. (a) "The attorney representing the State" means the
4-26 Attorney General, district attorney, criminal district attorney, or
4-27 county attorney.
5-1 (b) The attorney representing the State<,> is entitled to go
5-2 before the grand jury and inform them of offenses liable to
5-3 indictment at any time except when they are discussing the
5-4 propriety of finding an indictment or voting upon the same.
5-5 (c) An attorney representing a witness who is a target of a
5-6 grand jury investigation may be present in the grand jury room
5-7 while the grand jury is questioning the witness. The grand jury
5-8 shall permit the attorney or the witness to interrupt the
5-9 questioning at any time so that the attorney may advise the witness
5-10 outside the hearing of the grand jury.
5-11 SECTION 4. Article 20.16, Code of Criminal Procedure, is
5-12 amended to read as follows:
5-13 Art. 20.16. Oaths to Witnesses. The following oath shall be
5-14 administered by the foreman, or under his direction, to each
5-15 witness before being interrogated: "You solemnly swear that you
5-16 will not divulge, either by words or signs, any matter about which
5-17 you may be interrogated, and that you will keep secret all
5-18 proceedings of the grand jury which may be had in your presence,
5-19 and that you will true answers make to such questions as may be
5-20 propounded to you by the grand jury, or under its direction, so
5-21 help you God." Any witness or an attorney for a witness who
5-22 divulges any matter about which the witness <he> is interrogated,
5-23 or any proceedings of the grand jury had in the witness's <his>
5-24 presence, other than when required to give evidence thereof in due
5-25 course, shall be liable to a fine as for contempt of court, not
5-26 exceeding $500, and to imprisonment not exceeding six months.
5-27 SECTION 5. (a) The changes in law made by this Act apply
6-1 only to grand jury proceedings occurring on or after the effective
6-2 date of this Act.
6-3 (b) Grand jury proceedings occurring before the effective
6-4 date of this Act are covered by the law in effect when the
6-5 proceedings occurred, and the former law is continued in effect for
6-6 that purpose.
6-7 SECTION 6. This Act takes effect September 1, 1993.
6-8 SECTION 7. The importance of this legislation and the
6-9 crowded condition of the calendars in both houses create an
6-10 emergency and an imperative public necessity that the
6-11 constitutional rule requiring bills to be read on three several
6-12 days in each house be suspended, and this rule is hereby suspended.