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.