79(R) HB 462 - Introduced version


                                                                                

79R565 RMB-D

By:  Dutton                                                       H.B. No. 462



A BILL TO BE ENTITLED

AN ACT

relating to the secrecy of grand jury proceedings.                            
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Article 19.34, Code of Criminal Procedure, is 
amended to read as follows:
	Art. 19.34.  OATH OF GRAND JURORS.  (a)  When the grand jury 
is completed, the court shall appoint one of the number foreman; and 
the following oath shall be administered by the court, or under its 
direction, to the jurors:  "You solemnly swear that you will 
diligently inquire into, and true presentment make, of all such 
matters and things as shall be given you in charge; the State's 
counsel, your fellows and your own, you shall keep secret during the 
term of the grand jury, unless required to disclose the same in the 
course of a judicial proceeding in which the truth or falsity of 
evidence given in the grand jury room, in a criminal case, shall be 
under investigation.  You shall present no person from envy, hatred 
or malice; neither shall you leave any person unpresented for love, 
fear, favor, affection or hope of reward; but you shall present 
things truly as they come to your knowledge, according to the best 
of your understanding, so help you God".
	(b)  In this article, the term of a grand jury includes any 
period during which the term of the grand jury has been extended 
under Article 19.07.
	SECTION 2.  Article 19.36, Code of Criminal Procedure, is 
amended to read as follows:
	Art. 19.36.  BAILIFFS APPOINTED.  (a)  The court and the 
district attorney may each appoint one or more bailiffs to attend 
upon the grand jury, and at the time of appointment, the following 
oath shall be administered to each of them by the court, or under 
its direction:  "You solemnly swear that you will faithfully and 
impartially perform all the duties of bailiff of the grand jury, and 
that during the term of the grand jury you will keep secret the 
proceedings of the grand jury, so help you God".  Such bailiffs 
shall be compensated in a sum to be set by the commissioners court 
of said county.
	(b)  In this article, the term of a grand jury includes any 
period during which the term of the grand jury has been extended 
under Article 19.07.
	SECTION 3.  Article 20.02, Code of Criminal Procedure, is 
amended to read as follows:
	Art. 20.02.  PROCEEDINGS SECRET DURING GRAND JURY TERM.  (a)  
The proceedings of the grand jury shall be secret during the term of 
the grand jury.
	(b)  A grand juror, bailiff, interpreter, stenographer or 
person operating an electronic recording device, or person 
preparing a typewritten transcription of a stenographic or 
electronic recording who during the term of the grand jury
discloses anything transpiring before the grand jury, regardless of 
whether the thing transpiring is recorded, in the course of the 
official duties of the grand jury shall be liable to a fine as for 
contempt of the court, not exceeding five hundred dollars, 
imprisonment not exceeding thirty days, or both such fine and 
imprisonment.
	(c)  A disclosure of a record made under Article 20.012, a 
disclosure of a typewritten transcription of that record, or a 
disclosure otherwise prohibited by Subsection (b) or Article 20.16 
may be made by the attorney representing the state, during or after 
the term of the grand jury, in performing the attorney's duties to a 
grand juror serving on the grand jury before whom the record was 
made, another grand jury, a law enforcement agency, or a 
prosecuting attorney, as permitted by the attorney representing the 
state and determined by the attorney as necessary to assist the 
attorney in the performance of the attorney's duties.  The attorney 
representing the state shall warn any person the attorney 
authorizes to receive information under this subsection of the 
person's duty to maintain the secrecy of the information during the 
term of the grand jury before which the information was presented.  
Any person who receives information under this subsection and 
discloses the information for purposes other than those permitted 
by this subsection and at a time other than that permitted by this 
subsection is subject to punishment for contempt in the same manner 
as persons who violate Subsection (b).
	(d)  The defendant may petition a court to order the 
disclosure of information otherwise made secret by this article or 
the disclosure of a recording or typewritten transcription under 
Article 20.012 as a matter preliminary to or in connection with a 
judicial proceeding.  The court may order disclosure of the 
information, recording, or transcription on a showing by the 
defendant of a particularized need.
	(e)  A petition for disclosure under Subsection (d) must be 
filed in the district court in which the case is pending.  The 
defendant must also file a copy of the petition with the attorney 
representing the state, the parties to the judicial proceeding, and 
any other persons required by the court to receive a copy of the 
petition.  All persons receiving a petition under this subsection 
are entitled to appear before the court.  The court shall provide 
interested parties with an opportunity to appear and present 
arguments for the continuation of or end to the requirement of 
secrecy.
	(f)  A person who receives information under Subsection (d) 
or (e) and during the term of the grand jury before which the 
information was presented discloses that information is subject to 
punishment for contempt in the same manner as a person who violates 
Subsection (b).
	(g)  The attorney representing the state may not disclose 
anything transpiring before the grand jury during the term of the 
grand jury except as permitted by Subsections (c), (d), and (e).
	(h)  In this article, the term of a grand jury includes any 
period during which the term of the grand jury is extended under 
Article 19.07.
	SECTION 4.  Article 20.16, Code of Criminal Procedure, is 
amended to read as follows:
	Art. 20.16.  OATHS TO WITNESSES.  (a)  The following oath 
shall be administered by the foreman, or under his direction, to 
each witness before being interrogated:  "You solemnly swear that 
you will not divulge during the term of the grand jury, either by 
words or signs, any matter about which you may be interrogated, and 
that you will keep secret during the term of the grand jury 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 who during the term of the grand jury divulges 
any matter about which he is interrogated [,] or any proceedings of 
the grand jury had in 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.
	(b)  In this article, the term of a grand jury includes any 
period during which the term of the grand jury is extended under 
Article 19.07.
	SECTION 5.  This Act applies only to a grand jury for which 
the term of the grand jury commences on or after the effective date 
of this Act.
	SECTION 6.  This Act takes effect September 1, 2005.