BILL ANALYSIS


                                                    C.S.S.B. 1074
                                                        By: Brown
                                                 Criminal Justice
                                                          4-28-95
                                   Committee Report (Substituted)
BACKGROUND

Currently, the Code of Criminal Procedure states deliberations of
a grand jury are secret and holds witnesses, bailiffs, and grand
jurors who divulge information in contempt if they reveal any
information.  Recent court rulings have held all persons
accountable for the release of information.

PURPOSE

As proposed, C.S.S.B. 1074 sets forth requirements regarding secret
information relating to a grand jury.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 20, Code of Criminal Procedure, by adding
Articles 20.011 and 20.012, as follows:

     Art. 20.011.  WHO MAY BE PRESENT IN GRAND JURY ROOM.  (a) Sets
     forth the only persons authorized to be present in a grand
     jury room while the grand jury is conducting proceedings.
     
     (b) Provides that only a grand juror may be in a grand jury
       room during deliberation.
     Art. 20.012.  RECORDING OF CERTAIN TESTIMONY.  (a) Requires
     certain questions propounded, testimony, statements, and
     comments during a grand jury proceeding to be recorded either
     by a stenographer or by use of an electronic device capable of
     recording sound.
     
     (b) Provides that the validity of a grand jury proceeding is
       not affected by an unintentional failure to record all or
       part of questions propounded or testimony, made under
       Subsection (a).
       
       (c) Requires the attorney representing the state to maintain
       possession of all records other than stenographer's notices
       made under this article and any typewritten transcription of
       those records, except as provided by Article 20.02.
SECTION 2. Amends Article 20.02, Code of Criminal Procedure, as
follows:

     Art. 20.02.  New heading:  PROCEEDINGS SECRET.  (a) Requires
     the proceedings, rather than the deliberations of the grand
     jury to be secret.
     
     (b) Requires an interpreter, stenographer, or person
       operating an electronic recording device, or person
       preparing a typewritten transcription of a stenographic or
       electronic recording, among others, who discloses anything
       transpiring before the grand jury, regardless of whether the
       thing transpiring is recorded, in the course of the official
       duties of the grand jury to be liable to a fine as for
       contempt of the court up to $500 or imprisonment up to 30
       days, or both such fine and imprisonment.
       
       (c) Authorizes a disclosure of a record made under Article
       20.012, a disclosure of a typewritten transcription of that
       record, or a disclosure otherwise prohibited to be made to
       the attorney representing the state, a grand juror, another
       grand jury, a law enforcement agency, or a prosecuting
       attorney or political subdivision under certain
       circumstances.  Requires the attorney representing the state
       to warn any person the attorney authorizes to receive
       information under this subsection of the person's duty to
       maintain the secrecy of the information.  Subjects any
       person who receives information and discloses the
       information for unauthorized purposes to punishment for
       contempt in the same manner as persons who violate
       Subsection (b). 
       
       (d) Authorizes the defendant to petition a court to order
       the disclosure of information otherwise made secret as a
       matter to or in connection with a judicial proceeding
       (petition).  Authorizes the court to order disclosure of the
       information, recording, or transcription on a showing by the
       defendant of a particularized need.
       
       (e) Requires a petition to be filed in the district court in
       which the case is pending.  Sets forth persons to whom the
       defendant is required to file a copy of the petition. 
       Entitles all persons receiving the petition to appear before
       the court.  Requires the court to provide interested parties
       with an opportunity to appear and present arguments for the
       continuation of or end to the requirement of secrecy.
       
       (f) Subjects a person who receives information under
       Subsection (d) or (e) and discloses that information to
       punishment for contempt in the same manner as a person who
       violates Subsection (b).
       
       (g) Prohibits the attorney representing the state from
       disclosing anything transpiring before the grand jury except
       as permitted by Subsections (c)-(e).
       
SECTION 3. Makes application of this Act prospective.

SECTION 4. Effective date: September 1, 1995.

SECTION 5. Emergency clause.