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.
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