81R742 UM-D

By: Dutton H.B. No. 296

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 during the term of the grand jury anything transpiring before the grand jury except as permitted by Subsections (c), (d), and (e).

(h) A subpoena or summons relating to a grand jury proceeding or investigation must be kept secret to the extent and for as long as necessary to prevent, during the term of the grand jury, the unauthorized disclosure of a matter before that [the] grand jury. This subsection may not be construed to limit a disclosure permitted by Subsection (c), (d), or (e).

(i) 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 the foreman's direction, to each witness before being interrogated: "You solemnly swear that during the term of the grand jury you will not reveal, by your words or conduct, and will keep secret any matter about which you may be interrogated or that you have observed during the proceedings of the grand jury, and that you will answer truthfully the questions asked of you by the grand jury, or under its direction, so help you God."

(b) A witness who during the term of the grand jury reveals any matter about which the witness is interrogated or that the witness has observed during the proceedings of the grand jury, 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.

(c) 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, 2009.