By Dutton H.B. No. 855
77R2089 PEP-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, 2001, 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.