By:  Brown, et al.                                    S.B. No. 1074
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to the operations of a grand jury; providing penalties.
    1-2        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-3        SECTION 1.  Chapter 20, Code of Criminal Procedure, is
    1-4  amended by adding Articles 20.011 and 20.012 to read as follows:
    1-5        Art. 20.011.  WHO MAY BE PRESENT IN GRAND JURY ROOM.  (a)
    1-6  Only the following persons may be present in a grand jury room
    1-7  while the grand jury is conducting proceedings:
    1-8              (1)  grand jurors;
    1-9              (2)  bailiffs;
   1-10              (3)  the attorney representing the state;
   1-11              (4)  witnesses while being examined or when necessary
   1-12  to assist the attorney representing the state in examining other
   1-13  witnesses or presenting evidence to the grand jury;
   1-14              (5)  interpreters, if necessary; and
   1-15              (6)  a stenographer or person operating an electronic
   1-16  recording device, as provided by Article 20.012.
   1-17        (b)  Only a grand juror may be in a grand jury room while the
   1-18  grand jury is deliberating.
   1-19        Art. 20.012.  RECORDING OF CERTAIN TESTIMONY.  (a)  Questions
   1-20  propounded by the grand jury or the attorney representing the state
   1-21  to a person accused or suspected and the testimony of that person
   1-22  to the grand jury shall be recorded either by a stenographer or by
   1-23  use of an electronic device capable of recording sound.
   1-24        (b)  The validity of a grand jury proceeding is not affected
    2-1  by an unintentional failure to record all or part of questions
    2-2  propounded or testimony made under Subsection (a).
    2-3        (c)  The attorney representing the state shall maintain
    2-4  possession of all records other than stenographer's notes made
    2-5  under this article and any typewritten transcription of those
    2-6  records, except as provided by Article 20.02.
    2-7        SECTION 2.  Article 20.02, Code of Criminal Procedure, is
    2-8  amended to read as follows:
    2-9        Art. 20.02.  PROCEEDINGS <DELIBERATIONS> SECRET.  (a)  The
   2-10  proceedings <deliberations> of the grand jury shall be secret.
   2-11        (b)  A <Any> grand juror, <or> bailiff, interpreter,
   2-12  stenographer or person operating an electronic recording device, or
   2-13  person preparing a typewritten transcription of a stenographic or
   2-14  electronic recording who discloses <divulges> anything transpiring
   2-15  before the grand jury, regardless of whether the thing transpiring
   2-16  is recorded, <them> in the course of the <their> official duties of
   2-17  the grand jury shall be liable to a fine as for contempt of the
   2-18  court, not exceeding five hundred dollars,  <and to> imprisonment
   2-19  not exceeding thirty days, or both such fine and imprisonment.
   2-20        (c)  A disclosure of a record made under Article 20.012, a
   2-21  disclosure of a typewritten transcription of that record, or a
   2-22  disclosure otherwise prohibited by Subsection (b) or Article 20.16
   2-23  may be made by the attorney representing the state in performing
   2-24  the attorney's duties to a grand juror serving on the grand jury
   2-25  before whom the record was made, another grand jury, a law
   2-26  enforcement agency, or a prosecuting attorney,  as permitted by the
   2-27  attorney representing the state and determined by the attorney as
    3-1  necessary to assist the attorney in the performance of the
    3-2  attorney's duties.  The attorney representing the state shall warn
    3-3  any person the attorney authorizes to receive information under
    3-4  this subsection of the person's duty to maintain the secrecy of the
    3-5  information. Any person who receives information under this
    3-6  subsection and discloses the information for purposes other than
    3-7  those permitted by this subsection is subject to punishment for
    3-8  contempt in the same manner as persons who violate Subsection (b).
    3-9        (d)  The defendant may petition a court to order the
   3-10  disclosure of information otherwise made secret by this article or
   3-11  the disclosure of a recording or typewritten transcription under
   3-12  Article 20.012 as a matter preliminary to or in connection with a
   3-13  judicial proceeding.  The court may order disclosure of the
   3-14  information, recording, or transcription on a showing by the
   3-15  defendant of a particularized need.
   3-16        (e)  A petition for disclosure under Subsection (d) must be
   3-17  filed in the district court in which the case is pending.  The
   3-18  defendant must also file a copy of the petition with the attorney
   3-19  representing the state, the parties to the judicial proceeding, and
   3-20  any other persons required by the court to receive a copy of the
   3-21  petition.  All persons receiving a petition under this subsection
   3-22  are entitled to appear before the court.  The court shall provide
   3-23  interested parties with an opportunity to appear and present
   3-24  arguments for the continuation of or end to the requirement of
   3-25  secrecy.
   3-26        (f)  A person who receives information under Subsection (d)
   3-27  or (e) and discloses that information is subject to punishment for
    4-1  contempt in the same manner as a person who violates Subsection
    4-2  (b).
    4-3        (g)  The attorney representing the state may not disclose
    4-4  anything transpiring before the grand jury except as permitted by
    4-5  Subsections (c), (d), and (e).
    4-6        SECTION 3.  (a)  The changes in law made by this Act apply
    4-7  only to grand jury proceedings occurring on or after the effective
    4-8  date of this Act.
    4-9        (b)  Grand jury proceedings occurring before the effective
   4-10  date of this Act are covered by the law in effect when the
   4-11  proceedings occurred, and the former law is continued in effect for
   4-12  that purpose.
   4-13        SECTION 4.  This Act takes effect September 1, 1995.
   4-14        SECTION 5.  The importance of this legislation and the
   4-15  crowded condition of the calendars in both houses create an
   4-16  emergency and an imperative public necessity that the
   4-17  constitutional rule requiring bills to be read on three several
   4-18  days in each house be suspended, and this rule is hereby suspended.