By Thompson                                            H.B. No. 293
         77R1863 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 the foreman's [his]
2-16     direction, to each witness before being interrogated:  "You
2-17     solemnly swear that you will not divulge, either by words or signs,
2-18     any matter about which you may be interrogated, and that you will
2-19     keep secret all proceedings of the grand jury which may be had in
2-20     your presence, and that you will true answers make to such
2-21     questions as may be propounded to you by the grand jury, or under
2-22     its direction, so help you God."  Any witness or attorney for a
2-23     witness who divulges any matter about which the witness [he] is
2-24     interrogated, or any proceedings of the grand jury had in the
2-25     witness's [his] presence, other than when required to give evidence
2-26     thereof in due course, shall be liable to a fine as for contempt of
2-27     court, not exceeding $500, and to imprisonment not exceeding six
 3-1     months.
 3-2           SECTION 4.  The change in law made by this Act applies only
 3-3     to a grand jury proceeding that begins on or after the effective
 3-4     date of this Act.  A grand jury proceeding that begins before the
 3-5     effective date of this Act is covered by the law in effect when the
 3-6     proceeding began, and the former law is continued in effect for
 3-7     that purpose.
 3-8           SECTION 5.  This Act takes effect September 1, 2001.