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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. 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 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 2. Subchapter C, Chapter 20A, Code of Criminal |
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Procedure, is amended by adding Article 20A.105 to read as follows: |
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Art. 20A.105. PRESENTATION OF EXCULPATORY EVIDENCE BY |
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STATE. (a) The attorney representing the state shall present to a |
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grand 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 3. The heading to Article 20A.201, Code of Criminal |
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Procedure, is amended to read as follows: |
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Art. 20A.201. RECORDING OF GRAND JURY PROCEEDINGS [ACCUSED |
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OR SUSPECTED PERSON'S TESTIMONY]; RETENTION OF RECORDS. |
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SECTION 4. Articles 20A.201(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 and the [The] examination and testimony of a witness [an |
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accused or suspected person before the grand jury and that person's |
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testimony] shall be recorded by a stenographer or by use of an |
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electronic device capable of recording sound. Deliberations of the |
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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 [examination or testimony under] Subsection (a). |
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SECTION 5. Subchapter E, Chapter 20A, Code of Criminal |
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Procedure, is amended by adding Article 20A.206 to read as follows: |
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Art. 20A.206. CONFIDENTIALITY OF IDENTIFYING INFORMATION |
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OF VICTIMS AND WITNESSES. Notwithstanding any other provision of |
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this subchapter, information identifying any victim or witness, |
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including the name of a victim or witness and including the address, |
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telephone number, driver's license number, social security number, |
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date of birth, or bank account information or any other information |
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that by reference would make it possible to identify a victim or |
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witness, is confidential and may not be disclosed. |
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SECTION 6. 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 7. This Act takes effect September 1, 2025. |