79R959 RMB-D

By:  Thompson                                                     H.B. No. 71 


A BILL TO BE ENTITLED
AN ACT
relating to grand jury proceedings. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Article 20.011(a), Code of Criminal Procedure, is amended to read as follows: (a) Only the following persons may be present in a grand jury room while the grand jury is conducting proceedings: (1) grand jurors; (2) bailiffs; (3) the attorney representing the state; (4) witnesses while being examined [or when necessary to assist the attorney representing the state in examining other witnesses or presenting evidence to the grand jury]; (5) interpreters, if necessary; [and] (6) an attorney representing a witness who is a target of a grand jury investigation, for the sole purpose of consultation; and (7) a stenographer or person operating an electronic recording device, as provided by Article 20.012. SECTION 2. Article 20.03, Code of Criminal Procedure, is amended to read as follows: Art. 20.03. ATTORNEY [REPRESENTING STATE] ENTITLED TO APPEAR. (a) "The attorney representing the State" means the Attorney General, district attorney, criminal district attorney, or county attorney. (b) The attorney representing the State[,] is entitled to go before the grand jury and inform them of offenses liable to indictment at any time except when they are discussing the propriety of finding an indictment or voting upon the same. (c) An attorney representing a witness who is a target of a grand jury investigation may be present in the grand jury room while the grand jury is questioning the witness. The grand jury shall permit the attorney or the witness to interrupt the questioning at any time so that the attorney may advise the witness outside the hearing of the grand jury. SECTION 3. Article 20.16, Code of Criminal Procedure, is amended to read as follows: Art. 20.16. OATHS TO WITNESSES. The following oath shall be administered by the foreman, or under the foreman's [his] direction, to each witness before being interrogated: "You solemnly swear that you will not divulge, either by words or signs, any matter about which you may be interrogated, and that you will keep secret all proceedings of the grand jury which may be had in your presence, and that you will true answers make to such questions as may be propounded to you by the grand jury, or under its direction, so help you God." Any witness or attorney for a witness who divulges any matter about which the witness [he] is interrogated, or any proceedings of the grand jury had in the witness's [his] presence, other than when required to give evidence thereof in due course, shall be liable to a fine as for contempt of court, not exceeding $500, and to imprisonment not exceeding six months. SECTION 4. The change in law made by this Act applies only to a grand jury proceeding that begins on or after the effective date of this Act. A grand jury proceeding that begins before the effective date of this Act is covered by the law in effect when the proceeding began, and the former law is continued in effect for that purpose. SECTION 5. This Act takes effect September 1, 2005.