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A BILL TO BE ENTITLED
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AN ACT
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relating to grand jury proceedings. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 20.011(a), Code of Criminal Procedure, |
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is amended to read as follows: |
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(a) Only the following persons may be present in a grand |
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jury room while the grand jury is conducting proceedings: |
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(1) grand jurors; |
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(2) bailiffs; |
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(3) the attorney representing the state; |
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(4) witnesses while being examined or when necessary |
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to assist the attorney representing the state in examining other |
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witnesses or presenting evidence to the grand jury; |
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(5) interpreters, if necessary; |
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(6) a stenographer or person operating an electronic |
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recording device, as provided by Article 20.012; [and] |
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(7) a person operating a video teleconferencing system |
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for use under Article 20.151; and |
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(8) an attorney representing a witness, including a |
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witness who is an accused or suspected person, during the time the |
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witness is being examined or offering testimony to the grand jury |
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and for the sole purpose of providing consultation in the manner |
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described by Article 20.03(c). |
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SECTION 2. The heading to Article 20.012, Code of Criminal |
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Procedure, is amended to read as follows: |
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Art. 20.012. RECORDING OF GRAND JURY PROCEEDINGS [CERTAIN
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TESTIMONY]. |
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SECTION 3. Articles 20.012(a) and (b), Code of Criminal |
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Procedure, are amended to read as follows: |
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(a) Except as otherwise provided by this subsection, all |
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statements made by the grand jury or the attorney representing the |
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state, all questions [Questions] propounded by the grand jury or |
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the attorney representing the state to a witness, [person accused
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or suspected] and all [the] testimony of a witness [that person] to |
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the grand jury shall be recorded either by a stenographer or by use |
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of an electronic device capable of recording sound. Deliberations |
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of the grand jury may not be recorded. |
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(b) The validity of a grand jury proceeding is not affected |
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by an unintentional failure to record all or part of the proceedings |
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as required by [questions propounded or testimony made under] |
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Subsection (a). |
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SECTION 4. Chapter 20, Code of Criminal Procedure, is |
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amended by adding Article 20.013 to read as follows: |
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Art. 20.013. WHO MAY BE INVESTIGATED. (a) Except as |
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provided by Subsection (b), a grand jury may not investigate a |
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person who is accused or suspected of an offense and may not vote to |
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present an indictment for the offense if the person has previously |
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been investigated by a grand jury for the same offense and that |
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grand jury found no bill of indictment. |
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(b) A grand jury may investigate, and may present an |
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indictment with respect to, a person described by Subsection (a) |
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only if the attorney representing the state presents material |
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evidence that was not known to the state before or during the |
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previous grand jury investigation. |
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SECTION 5. Article 20.03, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 20.03. ATTORNEY [REPRESENTING STATE] ENTITLED TO |
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APPEAR. (a) In this chapter, "attorney ["The attorney] |
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representing the state [State]" means the attorney general |
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[Attorney General], district attorney, criminal district attorney, |
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or county attorney. |
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(b) The attorney representing the state [State,] is |
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entitled to go before the grand jury and inform the grand jurors |
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[them] of offenses liable to indictment at any time except when the |
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grand jury is: |
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(1) [they are] discussing the propriety of finding an |
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indictment; or |
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(2) voting on an indictment [upon the same]. |
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(c) A witness who testifies before a grand jury, including a |
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witness who is an accused or suspected person, is entitled to have |
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an attorney present while the grand jury is questioning the |
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witness. The grand jury shall permit the attorney or the witness to |
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interrupt the questioning at any time so that the witness may |
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consult with the attorney outside the hearing of the grand jury. |
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SECTION 6. Chapter 20, Code of Criminal Procedure, is |
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amended by adding Article 20.035 to read as follows: |
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Art. 20.035. PRESENTATION OF EXCULPATORY EVIDENCE BY STATE. |
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(a) The attorney representing the state shall present to a grand |
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jury investigating an offense any evidence that is: |
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(1) favorable to the accused or suspected person; |
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(2) material to the offense being investigated; and |
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(3) in the possession, custody, or control of the |
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state or any person under contract with the state. |
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(b) Evidence described by Subsection (a) may be presented to |
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the grand jury at any time during the investigation. |
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SECTION 7. Article 20.17(c), Code of Criminal Procedure, is |
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amended to read as follows: |
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(c) If an accused or suspected person is subpoenaed to |
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appear before a grand jury prior to any questions before the grand |
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jury, the person accused or suspected shall be orally warned as |
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follows: |
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(1) "Your testimony before this grand jury is under |
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oath"; |
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(2) "Any material question that is answered falsely |
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before this grand jury subjects you to being prosecuted for |
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aggravated perjury"; |
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(3) "You have the right to refuse to make answers to |
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any question, the answer to which would incriminate you in any |
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manner"; |
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(4) "During questioning, you ["You] have the right to |
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have an attorney [a lawyer] present [outside this chamber] to |
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advise you before making answers to questions you feel might |
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incriminate you"; |
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(5) "Any testimony you give may be used against you at |
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any subsequent proceeding"; |
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(6) "If you are unable to employ an attorney [a
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lawyer], you have the right to have an attorney [a lawyer] appointed |
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to advise you before making an answer to a question, the answer to |
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which you feel might incriminate you." |
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SECTION 8. Article 20.18, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 20.18. HOW WITNESS QUESTIONED. (a) A person who is |
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subpoenaed to appear as a witness before a grand jury shall be given |
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a reasonable opportunity to retain counsel and to consult with |
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counsel before the person's appearance. |
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(b) Before the grand jury may question the witness, a |
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witness appearing before a grand jury shall be orally given the |
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warnings described by Article 20.17(c), other than the warning |
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described by Article 20.17(c)(6). |
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(c) When a felony has been committed in any county within |
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the jurisdiction of the grand jury, and the name of the offender is |
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known or unknown or where it is uncertain when or how the felony was |
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committed, the grand jury shall first state to the witness called |
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the subject matter under investigation, then may ask pertinent |
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questions relative to the transaction in general terms and in such a |
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manner as to determine whether the witness [he] has knowledge of the |
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violation of any particular law by any person, and if so, by what |
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person. |
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SECTION 9. The changes in law made by this Act apply only to |
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a grand jury proceeding that begins on or after the effective date |
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of this Act. A grand jury proceeding that begins before the |
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effective date of this Act is governed by the law in effect on the |
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date the proceeding began, and the former law is continued in effect |
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for that purpose. |
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SECTION 10. This Act takes effect September 1, 2019. |