By Thompson                                      H.B. No. 244

      75R1507 JMC-F                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to grand jury proceedings.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Article 20.011(a), Code of Criminal Procedure, is

 1-5     amended to read as follows:

 1-6           (a)  Only the following persons may be present in a grand

 1-7     jury room 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)  an attorney representing a witness who is a target

1-16     of a grand jury investigation, for the sole purpose of

1-17     consultation; and

1-18                 (7)  a stenographer or person operating an electronic

1-19     recording device, as provided by Article 20.012.

1-20           SECTION 2.  Article 20.03, Code of Criminal Procedure, is

1-21     amended to read as follows:

1-22           Art. 20.03.  ATTORNEY [REPRESENTING STATE] ENTITLED TO

1-23     APPEAR.  (a)  "The attorney representing the State" means the

1-24     Attorney General, district attorney, criminal district attorney, or

 2-1     county attorney.

 2-2           (b)  The attorney representing the State[,] is entitled to go

 2-3     before the grand jury and inform them of offenses liable to

 2-4     indictment at any time except when they are discussing the

 2-5     propriety of finding an indictment or voting upon the same.

 2-6           (c)  An attorney representing a witness who is a target of a

 2-7     grand jury investigation may be present in the grand jury room

 2-8     while the grand jury is questioning the witness.  The grand jury

 2-9     shall permit the attorney or the witness to interrupt the

2-10     questioning at any time so that the attorney may advise the witness

2-11     outside the hearing of the grand jury.

2-12           SECTION 3.  Article 20.16, Code of Criminal Procedure, is

2-13     amended to read as follows:

2-14           Art. 20.16.  OATHS TO WITNESSES.  The following oath shall be

2-15     administered by the foreman, or under his direction, to each

2-16     witness before being interrogated:  "You solemnly swear that you

2-17     will not divulge, either by words or signs, any matter about which

2-18     you may be interrogated, and that you will keep secret all

2-19     proceedings of the grand jury which may be had in your presence,

2-20     and that you will true answers make to such questions as may be

2-21     propounded to you by the grand jury, or under its direction, so

2-22     help you God."  Any witness or attorney for a witness who divulges

2-23     any matter about which the witness [he] is interrogated, or any

2-24     proceedings of the grand jury had in the witness's [his] presence,

2-25     other than when required to give evidence thereof in due course,

2-26     shall be liable to a fine as for contempt of court, not exceeding

2-27     $500, and to imprisonment not exceeding six months.

 3-1           SECTION 4.  The change in law made by this Act applies only

 3-2     to a grand jury proceeding that begins on or after the effective

 3-3     date of this Act.  A grand jury proceeding that begins before the

 3-4     effective date of this Act is covered by the law in effect when the

 3-5     proceeding began, and the former law is continued in effect for

 3-6     that purpose.

 3-7           SECTION 5.  This Act takes effect September 1, 1997.

 3-8           SECTION 6.  The importance of this legislation and the

 3-9     crowded condition of the calendars in both houses create an

3-10     emergency and an imperative public necessity that the

3-11     constitutional rule requiring bills to be read on three several

3-12     days in each house be suspended, and this rule is hereby suspended.