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A BILL TO BE ENTITLED
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AN ACT
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relating to the training of prospective grand jurors and to grand |
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jury proceedings. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 19A, Code of Criminal |
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Procedure, is amended by adding Article 19A.1021 to read as |
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follows: |
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Art. 19A.1021. TRAINING OF PROSPECTIVE GRAND JURORS |
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REQUIRED. Before a prospective grand juror may be accepted and |
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impaneled, each person who is presented to serve as a grand juror |
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must complete the training described by Section 72.0365, Government |
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Code. The acceptance and impanelment of a prospective grand juror |
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who has not completed the training described by Section 72.0365, |
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Government Code, does not affect the validity of a grand jury |
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proceeding and may not be used by a defendant as a ground for |
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appeal, a ground to set aside an indictment, conviction, or |
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sentence, or a ground in a habeas corpus petition. |
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SECTION 2. Subchapter A, Chapter 20A, Code of Criminal |
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Procedure, is amended by adding Article 20A.002 to read as follows: |
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Art. 20A.002. 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 evidence that |
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was not known to the state before or during the previous grand jury |
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investigation. |
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SECTION 3. The heading to Subchapter F, Chapter 20A, Code of |
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Criminal Procedure, is amended to read as follows: |
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SUBCHAPTER F. WITNESSES; EVIDENCE |
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SECTION 4. Subchapter F, Chapter 20A, Code of Criminal |
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Procedure, is amended by adding Article 20A.260 to read as follows: |
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Art. 20A.260. PRESENTATION OF EXCULPATORY EVIDENCE. Before |
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the grand jury votes on the presentation of an indictment as |
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described by Article 20A.301, the attorney representing the state |
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shall disclose to the grand jury any exculpatory evidence known to |
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the attorney representing the state at the time of presentment to |
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the grand jury. |
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SECTION 5. Subchapter G, Chapter 20A, Code of Criminal |
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Procedure, is amended by adding Article 20A.3025 to read as |
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follows: |
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Art. 20A.3025. CERTIFICATION OF EXCULPATORY EVIDENCE. (a) |
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At the time the indictment is prepared and delivered to the |
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foreperson under Article 20A.302(a), the attorney representing the |
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state shall prepare and shall deliver to the foreperson a statement |
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that: |
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(1) is signed by the attorney representing the state; |
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and |
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(2) includes a list of the exculpatory evidence |
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presented to the grand jury under Article 20A.260. |
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(b) The foreperson shall certify that the statement |
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prepared and delivered under Subsection (a) includes the complete |
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list of exculpatory evidence presented to the grand jury under |
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Article 20A.260, and the foreperson shall sign the statement. |
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(c) The statement described by Subsections (a) and (b) must |
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be notarized. A notarized statement under this article is |
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self-authenticating under Rule 902, Texas Rules of Evidence. |
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SECTION 6. Subchapter C, Chapter 72, Government Code, is |
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amended by adding Section 72.0365 to read as follows: |
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Sec. 72.0365. TRAINING COURSE FOR PROSPECTIVE GRAND JURORS. |
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(a) Before a prospective grand juror maybe accepted and impaneled |
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under Chapter 19A, Code of Criminal Procedure, the prospective |
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grand juror shall complete a training course regarding grand jury |
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proceedings that is administered by the office. |
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(b) The training course required by Subsection (a): |
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(1) must include instruction regarding: |
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(A) the purpose and rules of grand jury service; |
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(B) the grand juror selection process; and |
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(C) grand jury procedures and deliberations; and |
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(2) may be offered online. |
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(c) The Texas Judicial Council shall adopt rules as |
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necessary to implement this section, including rules regarding the |
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content of the training course required by Subsection (a). |
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SECTION 7. As soon as practicable after the effective date |
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of this Act, the Texas Judicial Council shall adopt rules as |
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required by Section 72.0365, Government Code, as added by this Act. |
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SECTION 8. The changes in law made by this Act apply only to |
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a grand jury impaneled on or after the effective date of this Act. A |
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grand jury impaneled before the effective date of this Act is |
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governed by the law in effect on the date the grand jury was |
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impaneled, and the former law is continued in effect for that |
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purpose. |
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SECTION 9. This Act takes effect January 1, 2026. |
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* * * * * |