By Thompson H.B. No. 146
76R1263 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, 1999.
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.