S.B. No. 1074
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.