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A BILL TO BE ENTITLED
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AN ACT
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relating to grand jury proceedings and establishing a commission to |
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study improvements and alternatives to those proceedings. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 20.012, Code of Criminal Procedure, is |
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amended by amending Subsection (a) and adding Subsection (d) to |
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read as follows: |
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(a) Questions propounded by the grand jury or the attorney |
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representing the state to a fact witness or a person accused or |
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suspected and the testimony of that person to the grand jury shall |
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be recorded either by a stenographer or by use of an electronic |
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device capable of recording sound. |
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(d) For purposes of this article, "fact witness" means a |
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person who is testifying regarding the person's personal knowledge |
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of events relating to the case under investigation by the grand |
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jury. The term does not include a law enforcement officer who: |
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(1) is acting in the lawful discharge of the officer's |
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official duty; |
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(2) is assisting the attorney representing the state |
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by presenting evidence to the grand jury; and |
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(3) has no personal knowledge of events relating to |
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the case under investigation by the grand jury. |
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SECTION 2. 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. CERTAIN INVESTIGATIONS AND VOTES BY GRAND JURY |
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PROHIBITED. (a) Except as provided by Subsection (b), a grand |
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jury may not investigate a person who is accused or suspected of an |
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offense and may not vote to present an indictment for the offense if |
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the person has previously been investigated by a grand jury for the |
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same offense, that grand jury voted on whether to present an |
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indictment, and fewer than nine grand jurors concurred in finding |
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the bill. |
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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 to the grand |
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jury material evidence that was not known to the applicable |
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attorney representing the state before or during the previous grand |
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jury investigation. |
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SECTION 3. (a) In this section, "commission" means the |
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Texas Commission on Grand Juries. |
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(b) The commission is established to develop |
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recommendations for improvements to the grand jury system and |
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explore alternative procedures for establishing probable cause to |
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proceed to trial in a felony case. |
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(c) The commission is composed of 11 members, consisting of |
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the following: |
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(1) five members appointed by the governor; |
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(2) three members appointed by the lieutenant |
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governor; and |
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(3) three members appointed by the speaker of the |
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house of representatives. |
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(d) The members appointed by the governor must include: |
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(1) one member who is a district judge selected from a |
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list of 10 names submitted by the Texas Center for the Judiciary; |
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(2) one member who is a prosecuting attorney selected |
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from a list of 10 names submitted by the Texas District and County |
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Attorneys Association; |
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(3) one member who is a criminal defense attorney |
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selected from a list of 10 names submitted by the Texas Criminal |
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Defense Lawyers Association; |
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(4) one member who is a county judge or county |
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commissioner selected from a list of 10 names submitted by the Texas |
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Association of Counties; and |
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(5) one member who has served as the foreperson of a |
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grand jury in this state. |
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(e) The members appointed by the lieutenant governor and the |
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speaker of the house of representatives must each consist of three |
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members of the applicable legislative chamber. |
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(f) The governor shall designate the presiding officer of |
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the commission. |
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(g) A member of the commission is not entitled to |
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compensation or reimbursement of expenses. |
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(h) Not later than December 1, 2020, the commission shall |
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prepare and deliver to the governor and the legislature a report |
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that recommends: |
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(1) improvements to the grand jury system, including |
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the identification of any statutory changes necessary for that |
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purpose; and |
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(2) alternative procedures for establishing probable |
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cause to proceed to trial in a felony case. |
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(i) The commission is abolished January 12, 2021. |
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SECTION 4. 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 5. This Act takes effect September 1, 2019. |
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