By Brown S.B. No. 1074
74R7048 GWK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the operations of a grand jury; providing penalties.
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 Articles 20.011 and 20.012 to read as follows:
1-6 Art. 20.011. WHO MAY BE PRESENT IN GRAND JURY ROOM. (a)
1-7 Only the following persons may be present in a grand jury room
1-8 while the 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 or when necessary
1-13 to assist the attorney representing the state in examining other
1-14 witnesses or presenting evidence to the grand jury;
1-15 (5) interpreters, if necessary; and
1-16 (6) a stenographer or person operating an electronic
1-17 recording device, as provided by Article 20.012.
1-18 (b) Only a grand juror may be in a grand jury room while the
1-19 grand jury is deliberating.
1-20 Art. 20.012. RECORDING OF CERTAIN TESTIMONY. (a) Questions
1-21 propounded by the grand jury or the attorney representing the
1-22 state to a witness or a person accused or suspected and the
1-23 testimony of that witness or person to the grand jury, as well as
1-24 statements and comments made by a witness, person accused or
2-1 suspected, grand juror, or the attorney representing the state,
2-2 shall be recorded either by a stenographer or by use of an
2-3 electronic device capable of recording sound.
2-4 (b) The validity of a grand jury proceeding is not affected
2-5 by an unintentional failure to record all or part of questions
2-6 propounded or testimony, statements, or comments made under
2-7 Subsection (a).
2-8 (c) The attorney representing the state shall maintain
2-9 possession of all records other than stenographer's notes made
2-10 under this article and any typewritten transcription of those
2-11 records, except as provided by Article 20.02. The attorney
2-12 representing the state may destroy a record made under this article
2-13 or a transcript of the record on or after the 181st day after the
2-14 date on which the grand jury proceeding ends.
2-15 SECTION 2. Article 20.02, Code of Criminal Procedure, is
2-16 amended to read as follows:
2-17 Art. 20.02. PROCEEDINGS <DELIBERATIONS> SECRET. (a) The
2-18 proceedings <deliberations> of the grand jury shall be secret.
2-19 (b) Except as provided by Subsections (c) and (d), the
2-20 attorney representing the state, a <Any> grand juror, <or> bailiff,
2-21 interpreter, stenographer or person operating an electronic
2-22 recording device, or person preparing a typewritten transcription
2-23 of a stenographic or electronic recording who discloses <divulges>
2-24 anything transpiring before the grand jury, regardless of whether
2-25 the thing transpiring is recorded, <them> in the course of the
2-26 <their> official duties of the grand jury shall be liable to a fine
2-27 as for contempt of the court, not exceeding five hundred dollars,
3-1 <and to> imprisonment not exceeding thirty days, or both such fine
3-2 and imprisonment.
3-3 (c) A record made under Article 20.012, a typewritten
3-4 transcription of that record, or a disclosure otherwise prohibited
3-5 by Subsection (b) or Article 20.16 may be made to the attorney
3-6 representing the state for use by the attorney in performing the
3-7 attorney's duties or to a grand juror serving on the grand jury
3-8 before whom the record was made, another grand jury, or a law
3-9 enforcement agency of the state or political subdivision of the
3-10 state, as permitted by the attorney representing the state and
3-11 determined by the attorney as necessary to assist the attorney in
3-12 the performance of the attorney's duties. The attorney
3-13 representing the state shall warn any person the attorney
3-14 authorizes to receive information under this subsection of the
3-15 person's duty to maintain the secrecy of the information. Any
3-16 person who receives information under this subsection and discloses
3-17 the information for purposes other than those permitted by this
3-18 subsection is subject to punishment for contempt in the same manner
3-19 as persons who violate Subsection (b).
3-20 (d) The defendant may petition a court to order the
3-21 disclosure of information otherwise made secret by this article or
3-22 the disclosure of a recording or typewritten transcription under
3-23 Article 20.012 as a matter preliminary to or in connection with a
3-24 judicial proceeding. The court may order disclosure of the
3-25 information, recording, or transcription on a showing by the
3-26 defendant of a particularized need.
3-27 (e) A petition for disclosure under Subsection (d) must be
4-1 filed in the district court in which the case is pending. The
4-2 defendant must also file a copy of the petition with the attorney
4-3 representing the state, the parties to the judicial proceeding, and
4-4 any other persons required by the court to receive a copy of the
4-5 petition. All persons receiving a petition under this subsection
4-6 are entitled to appear before the court. The court shall provide
4-7 interested parties with an opportunity to appear and present
4-8 arguments for the continuation of or end to the requirement of
4-9 secrecy.
4-10 (f) A person who receives information under Subsection (d)
4-11 or (e) and discloses that information is subject to punishment for
4-12 contempt in the same manner as a person who violates Subsection
4-13 (b).
4-14 (g) The attorney representing the state may not disclose
4-15 anything transpiring before the grand jury except as permitted by
4-16 Subsections (c), (d), and (e).
4-17 SECTION 3. (a) The changes in law made by this Act apply
4-18 only to grand jury proceedings occurring on or after the effective
4-19 date of this Act.
4-20 (b) Grand jury proceedings occurring before the effective
4-21 date of this Act are covered by the law in effect when the
4-22 proceedings occurred, and the former law is continued in effect for
4-23 that purpose.
4-24 SECTION 4. This Act takes effect September 1, 1995.
4-25 SECTION 5. The importance of this legislation and the
4-26 crowded condition of the calendars in both houses create an
4-27 emergency and an imperative public necessity that the
5-1 constitutional rule requiring bills to be read on three several
5-2 days in each house be suspended, and this rule is hereby suspended.