HBA-NLM H.B. 146 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 146
By: Thompson
Criminal Jurisprudence
2/4/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, a witness before a grand jury is prohibited from consulting with
counsel during proceedings. Although witnesses may consult with counsel
outside the grand jury room, there is concern that this practice may delay
proceedings. H.B.146 authorizes an attorney representing a witness to be
present in a grand jury room during proceedings for the sole purpose of
consultation. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Article 20.011 (a) , Code of Criminal Procedure, to
include among the persons authorized to be present in a grand jury room
during grand jury proceedings an attorney representing a witness who is a
target of a grand jury investigation, for the sole purpose of consultation.
Creates Subdivision (7) from existing text. Deletes the provision that
allows the presence of witnesses who are assisting the state's attorney in
examining other witnesses or presenting evidence to the grand jury.  Makes
a nonsubstantive change.  

SECTION 2.  Amends Article 20.03, Code of Criminal Procedure, to authorize
an attorney representing a witness who is a target of a grand jury
investigation to be present in the grand jury room while the grand jury is
questioning the witness.  Requires the grand jury to permit the
interruption of questioning at any time by the attorney or the witness, to
allow  the attorney to advise the witness outside the hearing of the grand
jury. Creates Subsections (a) and (b) from existing text. Deletes
"REPRESENTING STATE" from the title of Article 20.03 to read  "Article
20.03. ATTORNEY ENTITLED TO APPEAR."  

SECTION 3.  Amends Article 20.16, Code of Criminal Procedure, to make
conforming and nonsubstantive changes. 

SECTION 4.  Makes application of this Act prospective.

SECTION 5.  Effective date:  September 1, 1999.

SECTION 6.  Emergency clause.