BILL ANALYSIS

 

 

Senate Research Center

S.B. 834

83R11545 AJZ-D

By: Estes

 

Criminal Justice

 

4/4/2013

 

As Filed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Grand jurors' personal information, including home address, home telephone number, social security number, and driver's license number, is currently protected by Texas law; however, the names of the grand jurors are available to the public.  Given the advances in technology since this protection was put into place in 1999, much personal information is easily found on the Internet using an individual's name.

 

S.B. 834 adds the names of grand jurors to the list of personal information that is kept confidential.  This will protect the judicial process by allowing grand jurors to hear felony cases without fear of intimidation or retribution by those facing trial or their associates.  The names, along with other personal information, will be available to a party to the proceeding on showing of good cause, which is already in place for all currently protected personal information.

 

The names of those serving on a federal grand jury are confidential, as are the grand jurors in other states such as Arizona, Florida, New York, Utah, and several others.

 

As proposed, S.B. 834 amends current law relating to the confidentiality of certain grand juror information.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  Amends Article 19.42(a), Code of Criminal Procedure, to provide that certain information collected by the court, court personnel, or prosecuting attorney during the grand jury selection process about a person who serves as a grand juror, including the person's name, except as provided by Subsection (b) (requiring the court, on a showing of good cause, to permit disclosure of the information sought to a party to the proceeding), is confidential and is prohibited from being disclosed by the court, court personnel, or prosecuting attorney.

 

SECTION 2.  Effective date:  upon passage or September 1, 2013.