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.