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A BILL TO BE ENTITLED
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AN ACT
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relating to the secrecy of a grand jury subpoena or summons. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 20.02, Code of Criminal Procedure, is |
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amended by amending Subsection (h) and adding Subsections (i) and |
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(j) to read as follows: |
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(h) A subpoena or summons relating to a grand jury |
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proceeding or investigation must be kept secret to the extent and |
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for as long as necessary to prevent the unauthorized disclosure of a |
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matter before the grand jury. This subsection may not be construed |
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to limit a disclosure permitted by Subsection (c), (d), [or] (e), or |
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(i). |
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(i) Subsection (h) does not apply to: |
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(1) a disclosure made in the course of an |
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attorney-client relationship; or |
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(2) a news media employee who is engaging in a |
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news-gathering activity. |
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(j) In this section, "news media" means: |
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(1) a radio or television station that holds a license |
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issued by the Federal Communications Commission; |
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(2) a newspaper that is qualified under Section |
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2051.044, Government Code, to publish legal notices or is a free |
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newspaper of general circulation and that is published at least |
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once a week and available and of interest to the general public in |
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connection with the dissemination of news; or |
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(3) a magazine that appears at a regular interval, |
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that contains stories, articles, and essays by various writers, and |
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that is of interest to the general public in connection with the |
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dissemination of news or public affairs. |
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SECTION 2. This Act takes effect September 1, 2009. |