By Munoz H.B. No. 318
74R2083 PEP-F
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. Article 20.03, Code of Criminal Procedure, is
1-5 amended to read as follows:
1-6 Art. 20.03. Attorney <Representing State> Entitled To
1-7 Appear. (a) "The attorney representing the State" means the
1-8 Attorney General, district attorney, criminal district attorney, or
1-9 county attorney.
1-10 (b) The attorney representing the State<,> is entitled to go
1-11 before the grand jury and inform them of offenses liable to
1-12 indictment at any time except when they are discussing the
1-13 propriety of finding an indictment or voting upon the same.
1-14 (c) An attorney representing a witness who is a target of a
1-15 grand jury investigation may be present in the grand jury room
1-16 while the grand jury hears testimony and receives evidence related
1-17 to the offense for which the person is a target. During
1-18 questioning of a witness who is a target, the grand jury shall
1-19 permit the attorney or the witness to interrupt the questioning at
1-20 any time so that the attorney may advise the witness outside the
1-21 hearing of the grand jury.
1-22 SECTION 2. Article 20.04, Code of Criminal Procedure, is
1-23 amended to read as follows:
1-24 Art. 20.04. Attorney may examine witnesses. The attorney
2-1 representing the State may examine a witness <the witnesses> before
2-2 the grand jury and shall advise the grand jury as to the proper
2-3 mode of interrogating a witness <them>. The <No person other than
2-4 the attorney representing the State or a grand juror may question a
2-5 witness before the grand jury. No person may address the grand
2-6 jury about a matter before the grand jury other than the> attorney
2-7 representing the State, a witness, or the accused or suspected
2-8 person or the attorney for the accused or suspected person may
2-9 address the grand jury about a matter before the grand jury. The
2-10 attorney for the accused or suspected person and a grand juror may
2-11 question a witness before the grand jury. A person not expressly
2-12 authorized under this article may not address the grand jury or
2-13 question a witness before the grand jury <if approved by the
2-14 State's attorney>.
2-15 SECTION 3. Article 20.16, Code of Criminal Procedure, is
2-16 amended to read as follows:
2-17 Art. 20.16. Oaths to Witnesses. The following oath shall be
2-18 administered by the foreman, or under his direction, to each
2-19 witness before being interrogated: "You solemnly swear that you
2-20 will not divulge, either by words or signs, any matter about which
2-21 you may be interrogated, and that you will keep secret all
2-22 proceedings of the grand jury which may be had in your presence,
2-23 and that you will true answers make to such questions as may be
2-24 propounded to you by the grand jury, or under its direction, so
2-25 help you God." Any witness or an attorney for a witness who
2-26 divulges any matter about which the witness <he> is interrogated,
2-27 or any proceedings of the grand jury had in the witness's <his>
3-1 presence, other than when required to give evidence thereof in due
3-2 course, shall be liable to a fine as for contempt of court, not
3-3 exceeding $500, and to imprisonment not exceeding six months.
3-4 SECTION 4. Subsections (b) and (c), Article 20.17, Code of
3-5 Criminal Procedure, are amended to read as follows:
3-6 (b) An <Prior to any questioning of an> accused or suspected
3-7 person who is subpoenaed to appear before the grand jury<, the
3-8 accused or suspected person> shall be furnished a written copy of
3-9 the warnings contained in Subsection (c) of this article <section>
3-10 and shall be given a reasonable opportunity to retain an attorney
3-11 <counsel> or apply to the court for an appointed attorney and to
3-12 consult with the attorney before <counsel prior to> appearing and
3-13 being questioned before the grand jury. Not later than the seventh
3-14 day before the date on which the grand jury begins hearing
3-15 testimony and receiving evidence regarding the offense for which
3-16 the person is accused or suspected, the attorney for the state
3-17 shall notify the person or the person's attorney of the offense
3-18 under grand jury investigation.
3-19 (c) An <If an> accused or suspected person who is subpoenaed
3-20 to appear before a grand jury <prior to any questions before the
3-21 grand jury, the person accused or suspected> shall be orally warned
3-22 as follows before being questioned before the grand jury:
3-23 (1) "Your testimony before this grand jury is under
3-24 oath";
3-25 (2) "Any material question that is answered falsely
3-26 before this grand jury subjects you to being prosecuted for
3-27 aggravated perjury";
4-1 (3) "You have the right to refuse to make answers to
4-2 any question, the answer to which would incriminate you in any
4-3 manner";
4-4 (4) "You have the right to have an attorney <a lawyer>
4-5 present in the grand jury room while the grand jury hears testimony
4-6 and receives evidence related to the offense and during questioning
4-7 <outside this chamber> to advise you before making answers to
4-8 questions you feel might incriminate you";
4-9 (5) "Any testimony you give may be used against you at
4-10 any subsequent proceeding";
4-11 (6) "If you are unable to employ an attorney <a
4-12 lawyer>, you have the right to have an attorney <a lawyer>
4-13 appointed to advise you before making an answer to a question, the
4-14 answer to which you feel might incriminate you."
4-15 SECTION 5. The change in law made by this Act applies only
4-16 to a grand jury proceeding that begins on or after the effective
4-17 date of this Act. A grand jury proceeding that begins before the
4-18 effective date of this Act is covered by the law in effect when the
4-19 proceeding began, and the former law is continued in effect for
4-20 this purpose.
4-21 SECTION 6. This Act takes effect September 1, 1995.
4-22 SECTION 7. The importance of this legislation and the
4-23 crowded condition of the calendars in both houses create an
4-24 emergency and an imperative public necessity that the
4-25 constitutional rule requiring bills to be read on three several
4-26 days in each house be suspended, and this rule is hereby suspended.