By Dutton                                        H.B. No. 508

      75R368 GWK-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the secrecy of grand jury proceedings.

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

 1-4           SECTION 1.  Article 19.34, Code of Criminal Procedure, is

 1-5     amended to read as follows:

 1-6           Art. 19.34.  OATH OF GRAND JURORS.  (a)  When the grand jury

 1-7     is completed, the court shall appoint one of the number foreman;

 1-8     and the following oath shall be administered by the court, or under

 1-9     its direction, to the jurors:  "You solemnly swear that you will

1-10     diligently inquire into, and true presentment make, of all such

1-11     matters and things as shall be given you in charge; the State's

1-12     counsel, your fellows and your own, you shall keep secret during

1-13     the term of the grand jury, unless required to disclose the same in

1-14     the course of a judicial proceeding in which the truth or falsity

1-15     of evidence given in the grand jury room, in a criminal case, shall

1-16     be under investigation.  You shall present no person from envy,

1-17     hatred or malice; neither shall you leave any person unpresented

1-18     for love, fear, favor, affection or hope of reward; but you shall

1-19     present things truly as they come to your knowledge, according to

1-20     the best of your understanding, so help you God".

1-21           (b)  In this article, the term of a grand jury includes any

1-22     period during which the term of the grand jury has been extended

1-23     under Article 19.07.

1-24           SECTION 2.  Article 19.36, Code of Criminal Procedure, is

 2-1     amended to read as follows:

 2-2           Art. 19.36.  BAILIFFS APPOINTED.  (a)  The court and the

 2-3     district attorney may each appoint one or more bailiffs to attend

 2-4     upon the grand jury, and at the time of appointment, the following

 2-5     oath shall be administered to each of them by the court, or under

 2-6     its direction:  "You solemnly swear that you will faithfully and

 2-7     impartially perform all the duties of bailiff of the grand jury,

 2-8     and that during the term of the grand jury you will keep secret the

 2-9     proceedings of the grand jury, so help you God".  Such bailiffs

2-10     shall be compensated in a sum to be set by the commissioners court

2-11     of said county.

2-12           (b)  In this article, the term of a grand jury includes any

2-13     period during which the term of the grand jury has been extended

2-14     under Article 19.07.

2-15           SECTION 3.  Article 20.02, Code of Criminal Procedure, is

2-16     amended to read as follows:

2-17           Art. 20.02.  PROCEEDINGS SECRET DURING GRAND JURY TERM.

2-18     (a)  The proceedings of the grand jury shall be secret during the

2-19     term of the grand jury.

2-20           (b)  A grand juror, bailiff, interpreter, stenographer or

2-21     person operating an electronic recording device, or person

2-22     preparing a typewritten transcription of a stenographic or

2-23     electronic recording who during the term of the grand jury

2-24     discloses anything transpiring before the grand jury, regardless of

2-25     whether the thing transpiring is recorded, in the course of the

2-26     official duties of the grand jury shall be liable to a fine as for

2-27     contempt of the court, not exceeding five hundred dollars,

 3-1     imprisonment not exceeding thirty days, or both such fine and

 3-2     imprisonment.

 3-3           (c)  A disclosure of a record made under Article 20.012, a

 3-4     disclosure of a typewritten transcription of that record, or a

 3-5     disclosure otherwise prohibited by Subsection (b) or Article 20.16

 3-6     may be made by the attorney representing the state, during or after

 3-7     the term of the grand jury, in performing the attorney's duties to

 3-8     a grand juror serving on the grand jury before whom the record was

 3-9     made, another grand jury, a law enforcement agency, or a

3-10     prosecuting attorney, as permitted by the attorney representing the

3-11     state and determined by the attorney as necessary to assist the

3-12     attorney in 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 during the

3-16     term of the grand jury before which the information was presented.

3-17     Any person who receives information under this subsection and

3-18     discloses the information for purposes other than those permitted

3-19     by this subsection and at a time other than that permitted by this

3-20     subsection is subject to punishment for contempt in the same manner

3-21     as persons who violate Subsection (b).

3-22           (d)  The defendant may petition a court to order the

3-23     disclosure of information otherwise made secret by this article or

3-24     the disclosure of a recording or typewritten transcription under

3-25     Article 20.012 as a matter preliminary to or in connection with a

3-26     judicial proceeding.  The court may order disclosure of the

3-27     information, recording, or transcription on a showing by the

 4-1     defendant of a particularized need.

 4-2           (e)  A petition for disclosure under Subsection (d) must be

 4-3     filed in the district court in which the case is pending.  The

 4-4     defendant must also file a copy of the petition with the attorney

 4-5     representing the state, the parties to the judicial proceeding, and

 4-6     any other persons required by the court to receive a copy of the

 4-7     petition.  All persons receiving a petition under this subsection

 4-8     are entitled to appear before the court.  The court shall provide

 4-9     interested parties with an opportunity to appear and present

4-10     arguments for the continuation of or end to the requirement of

4-11     secrecy.

4-12           (f)  A person who receives information under Subsection (d)

4-13     or (e) and during the term of the grand jury before which the

4-14     information was presented discloses that information is subject to

4-15     punishment for contempt in the same manner as a person who violates

4-16     Subsection (b).

4-17           (g)  The attorney representing the state may not disclose

4-18     anything transpiring before the grand jury during the term of the

4-19     grand jury except as permitted by Subsections (c), (d), and (e).

4-20           (h)  In this article, the term of a grand jury includes any

4-21     period during which the term of the grand jury is extended under

4-22     Article 19.07.

4-23           SECTION 4.  Article 20.16, Code of Criminal Procedure, is

4-24     amended to read as follows:

4-25           Art. 20.16.  OATHS TO WITNESSES.  (a)  The following oath

4-26     shall be administered by the foreman, or under his direction, to

4-27     each witness before being interrogated:  "You solemnly swear that

 5-1     you will not divulge during the term of the grand jury, either by

 5-2     words or signs, any matter about which you may be interrogated, and

 5-3     that you will keep secret during the term of the grand jury all

 5-4     proceedings of the grand jury which may be had in your presence,

 5-5     and that you will true answers make to such questions as may be

 5-6     propounded to you by the grand jury, or under its direction, so

 5-7     help you God."  Any witness who during the term of the grand jury

 5-8     divulges any matter about which he is interrogated [,] or any

 5-9     proceedings of the grand jury had in his presence, other than when

5-10     required to give evidence thereof in due course, shall be liable to

5-11     a fine as for contempt of court, not exceeding $500, and to

5-12     imprisonment not exceeding six months.

5-13           (b)  In this article, the term of a grand jury includes any

5-14     period during which the term of the grand jury is extended under

5-15     Article 19.07.

5-16           SECTION 5.  This Act takes effect September 1, 1997, and

5-17     applies only to a grand jury for which the term of the grand jury

5-18     commences on or after that date.

5-19           SECTION 6.  The importance of this legislation and the

5-20     crowded condition of the calendars in both houses create an

5-21     emergency and an imperative public necessity that the

5-22     constitutional rule requiring bills to be read on three several

5-23     days in each house be suspended, and this rule is hereby suspended.