By Thompson                                            H.B. No. 171
       74R1707 GWK-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to grand jury proceedings.
    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 Article 20.011 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)  an attorney representing a witness who is a target
   1-15  of a grand jury investigation, for the sole purpose of
   1-16  consultation.
   1-17        SECTION 2.  Article 20.03, Code of Criminal Procedure, is
   1-18  amended to read as follows:
   1-19        Art. 20.03.  Attorney <Representing State> Entitled To
   1-20  Appear.  (a)  "The attorney representing the State" means the
   1-21  Attorney General, district attorney, criminal district attorney, or
   1-22  county attorney.
   1-23        (b)  The attorney representing the State<,> is entitled to go
   1-24  before the grand jury and inform them of offenses liable to
    2-1  indictment at any time except when they are discussing the
    2-2  propriety of finding an indictment or voting upon the same.
    2-3        (c)  An attorney representing a witness who is a target of a
    2-4  grand jury investigation may be present in the grand jury room
    2-5  while the grand jury is questioning the witness.  The grand jury
    2-6  shall permit the attorney or the witness to interrupt the
    2-7  questioning at any time so that the attorney may advise the witness
    2-8  outside the hearing of the grand jury.
    2-9        SECTION 3.  Article 20.16, Code of Criminal Procedure, is
   2-10  amended to read as follows:
   2-11        Art. 20.16.  Oaths to Witnesses.  The following oath shall be
   2-12  administered by the foreman, or under his direction, to each
   2-13  witness before being interrogated:  "You solemnly swear that you
   2-14  will not divulge, either by words or signs, any matter about which
   2-15  you may be interrogated, and that you will keep secret all
   2-16  proceedings of the grand jury which may be had in your presence,
   2-17  and that you will true answers make to such questions as may be
   2-18  propounded to you by the grand jury, or under its direction, so
   2-19  help you God."  Any witness or an attorney for a witness who
   2-20  divulges any matter about which the witness <he> is interrogated,
   2-21  or any proceedings of the grand jury had in the witness's <his>
   2-22  presence, other than when required to give evidence thereof in due
   2-23  course, shall be liable to a fine as for contempt of court, not
   2-24  exceeding $500, and to imprisonment not exceeding six months.
   2-25        SECTION 4.  The change in law made by this Act applies only
   2-26  to a grand jury proceeding that begins on or after the effective
   2-27  date of this Act.  A grand jury proceeding that begins before the
    3-1  effective date of this Act is covered by the law in effect when the
    3-2  proceeding began, and the former law is continued in effect for
    3-3  this purpose.
    3-4        SECTION 5.  This Act takes effect September 1, 1995.
    3-5        SECTION 6.  The importance of this legislation and the
    3-6  crowded condition of the calendars in both houses create an
    3-7  emergency   and   an   imperative   public   necessity   that   the
    3-8  constitutional rule requiring bills to be read on three several
    3-9  days in each house be suspended, and this rule is hereby suspended.