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.