1-1 By: Brown, et al. S.B. No. 1074
1-2 (In the Senate - Filed March 9, 1995; March 14, 1995, read
1-3 first time and referred to Committee on Criminal Justice;
1-4 April 28, 1995, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 6, Nays 0; April 28, 1995,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 1074 By: Brown
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the operations of a grand jury; providing penalties.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Chapter 20, Code of Criminal Procedure, is
1-13 amended by adding Articles 20.011 and 20.012 to read as follows:
1-14 Art. 20.011. WHO MAY BE PRESENT IN GRAND JURY ROOM. (a)
1-15 Only the following persons may be present in a grand jury room
1-16 while the grand jury is conducting proceedings:
1-17 (1) grand jurors;
1-18 (2) bailiffs;
1-19 (3) the attorney representing the state;
1-20 (4) witnesses while being examined or when necessary
1-21 to assist the attorney representing the state in examining other
1-22 witnesses or presenting evidence to the grand jury;
1-23 (5) interpreters, if necessary; and
1-24 (6) a stenographer or person operating an electronic
1-25 recording device, as provided by Article 20.012.
1-26 (b) Only a grand juror may be in a grand jury room while the
1-27 grand jury is deliberating.
1-28 Art. 20.012. RECORDING OF CERTAIN TESTIMONY. (a) Questions
1-29 propounded by the grand jury or the attorney representing the
1-30 state to a person accused or suspected and the testimony of that
1-31 person to the grand jury shall be recorded either by a stenographer
1-32 or by use of an electronic device capable of recording sound.
1-33 (b) The validity of a grand jury proceeding is not affected
1-34 by an unintentional failure to record all or part of questions
1-35 propounded or testimony made under Subsection (a).
1-36 (c) The attorney representing the state shall maintain
1-37 possession of all records other than stenographer's notes made
1-38 under this article and any typewritten transcription of those
1-39 records, except as provided by Article 20.02.
1-40 SECTION 2. Article 20.02, Code of Criminal Procedure, is
1-41 amended to read as follows:
1-42 Art. 20.02. PROCEEDINGS <DELIBERATIONS> SECRET. (a) The
1-43 proceedings <deliberations> of the grand jury shall be secret.
1-44 (b) A <Any> grand juror, <or> bailiff, interpreter,
1-45 stenographer or person operating an electronic recording device, or
1-46 person preparing a typewritten transcription of a stenographic or
1-47 electronic recording who discloses <divulges> anything transpiring
1-48 before the grand jury, regardless of whether the thing transpiring
1-49 is recorded, <them> in the course of the <their> official duties of
1-50 the grand jury shall be liable to a fine as for contempt of the
1-51 court, not exceeding five hundred dollars, <and to> imprisonment
1-52 not exceeding thirty days, or both such fine and imprisonment.
1-53 (c) A disclosure of a record made under Article 20.012, a
1-54 disclosure of a typewritten transcription of that record, or a
1-55 disclosure otherwise prohibited by Subsection (b) or Article 20.16
1-56 may be made by the attorney representing the state in performing
1-57 the attorney's duties to a grand juror serving on the grand jury
1-58 before whom the record was made, another grand jury, a law
1-59 enforcement agency, or a prosecuting attorney, as permitted by the
1-60 attorney representing the state and determined by the attorney as
1-61 necessary to assist the attorney in the performance of the
1-62 attorney's duties. The attorney representing the state shall warn
1-63 any person the attorney authorizes to receive information under
1-64 this subsection of the person's duty to maintain the secrecy of the
1-65 information. Any person who receives information under this
1-66 subsection and discloses the information for purposes other than
1-67 those permitted by this subsection is subject to punishment for
1-68 contempt in the same manner as persons who violate Subsection (b).
2-1 (d) The defendant may petition a court to order the
2-2 disclosure of information otherwise made secret by this article or
2-3 the disclosure of a recording or typewritten transcription under
2-4 Article 20.012 as a matter preliminary to or in connection with a
2-5 judicial proceeding. The court may order disclosure of the
2-6 information, recording, or transcription on a showing by the
2-7 defendant of a particularized need.
2-8 (e) A petition for disclosure under Subsection (d) must be
2-9 filed in the district court in which the case is pending. The
2-10 defendant must also file a copy of the petition with the attorney
2-11 representing the state, the parties to the judicial proceeding, and
2-12 any other persons required by the court to receive a copy of the
2-13 petition. All persons receiving a petition under this subsection
2-14 are entitled to appear before the court. The court shall provide
2-15 interested parties with an opportunity to appear and present
2-16 arguments for the continuation of or end to the requirement of
2-17 secrecy.
2-18 (f) A person who receives information under Subsection (d)
2-19 or (e) and discloses that information is subject to punishment for
2-20 contempt in the same manner as a person who violates Subsection
2-21 (b).
2-22 (g) The attorney representing the state may not disclose
2-23 anything transpiring before the grand jury except as permitted by
2-24 Subsections (c), (d), and (e).
2-25 SECTION 3. (a) The changes in law made by this Act apply
2-26 only to grand jury proceedings occurring on or after the effective
2-27 date of this Act.
2-28 (b) Grand jury proceedings occurring before the effective
2-29 date of this Act are covered by the law in effect when the
2-30 proceedings occurred, and the former law is continued in effect for
2-31 that purpose.
2-32 SECTION 4. This Act takes effect September 1, 1995.
2-33 SECTION 5. The importance of this legislation and the
2-34 crowded condition of the calendars in both houses create an
2-35 emergency and an imperative public necessity that the
2-36 constitutional rule requiring bills to be read on three several
2-37 days in each house be suspended, and this rule is hereby suspended.
2-38 * * * * *