| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to grand jury proceedings. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Article 20A.102(a), Code of Criminal Procedure, |
|
|
is amended to read as follows: |
|
|
(a) While the grand jury is conducting proceedings, only the |
|
|
following persons may be present in the grand jury room: |
|
|
(1) a grand juror; |
|
|
(2) a bailiff; |
|
|
(3) the attorney representing the state; |
|
|
(4) an attorney representing the accused or suspected |
|
|
person, if requested by the grand jury; |
|
|
(5) a witness: |
|
|
(A) while the witness is being examined; or |
|
|
(B) when the witness's presence is necessary to |
|
|
assist the attorney representing the state in examining another |
|
|
witness or presenting evidence to the grand jury; |
|
|
(6) [(5)] an interpreter, if necessary; |
|
|
(7) [(6)] a stenographer or a person operating an |
|
|
electronic recording device, as provided by Article 20A.201; and |
|
|
(8) [(7)] a person operating a video teleconferencing |
|
|
system for use under Article 20A.259. |
|
|
SECTION 2. Article 20A.104, Code of Criminal Procedure, is |
|
|
amended to read as follows: |
|
|
Art. 20A.104. PERSONS WHO MAY ADDRESS GRAND JURY. No person |
|
|
may address the grand jury about a matter before the grand jury |
|
|
other than: |
|
|
(1) the attorney representing the state; |
|
|
(2) an attorney representing the accused or suspected |
|
|
person, solely for the purpose of making a presentation and |
|
|
answering questions, as provided by Article 20A.1031; |
|
|
(3) [,]a witness; [,] or |
|
|
(4) the accused or suspected person or an [the] |
|
|
attorney representing [for] the accused or suspected person if |
|
|
approved by the attorney representing the state. |
|
|
SECTION 3. Subchapter C, Chapter 20A, Code of Criminal |
|
|
Procedure, is amended by adding Article 20A.1031 to read as |
|
|
follows: |
|
|
Art. 20A.1031. ATTORNEY REPRESENTING ACCUSED OR SUSPECTED |
|
|
PERSON ENTITLED TO APPEAR. (a) The grand jury may request that an |
|
|
attorney representing an accused or suspected person appear before |
|
|
the grand jury. |
|
|
(b) On the request of the grand jury under Subsection (a), |
|
|
an attorney representing an accused or suspected person is entitled |
|
|
to appear before the grand jury solely for the purpose of making a |
|
|
presentation on behalf of the accused or suspected person and |
|
|
answering questions from the grand jurors. |
|
|
SECTION 4. The changes in law made by this Act apply only to |
|
|
a grand jury proceeding that begins on or after the effective date |
|
|
of this Act. A grand jury proceeding that begins before the |
|
|
effective date of this Act is governed by the law in effect on the |
|
|
date the proceeding began, and the former law is continued in effect |
|
|
for that purpose. |
|
|
SECTION 5. This Act takes effect September 1, 2023. |