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.