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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. |
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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 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 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. Article 20A.202(b), Code of Criminal Procedure, |
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is amended to read as follows: |
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(b) A subpoena or summons relating to a grand jury |
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proceeding or investigation must be kept secret to the extent and |
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for as long as necessary to prevent the unauthorized disclosure of a |
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matter before the grand jury. This subsection may not be construed |
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to limit a disclosure permitted by Article 20A.204(b), (c), or (d) |
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or 20A.205 [20A.205(a) or (b)]. |
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SECTION 6. Article 20A.204(a), Code of Criminal Procedure, |
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is amended to read as follows: |
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(a) The attorney representing the state may not disclose |
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anything transpiring before the grand jury except as permitted by |
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this article or Article 20A.205 [Article 20A.205(a) or (b)]. |
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SECTION 7. Article 20A.205, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 20A.205. DISCOVERY [PETITION FOR DISCLOSURE] BY OR ON |
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BEHALF OF ACCUSED OR SUSPECTED PERSON [DEFENDANT]. (a) Except as |
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otherwise provided by this article, if the state provides notice to |
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an accused or suspected person of the grand jury investigation, as |
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soon as practicable after receiving a request from an accused or |
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suspected person, the attorney representing the state shall produce |
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and permit the inspection and the electronic duplication, copying, |
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and photographing, by or on behalf of the accused or suspected |
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person, of any: |
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(1) offense reports, designated documents, or |
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designated papers arising from the alleged offense; |
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(2) designated written or recorded statements of the |
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accused or suspected person or a witness that arise from the alleged |
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offense, including witness statements of law enforcement officers; |
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and |
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(3) designated books, accounts, letters, photographs, |
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or objects or other tangible things that: |
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(A) are not otherwise privileged; |
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(B) constitute or contain evidence material to |
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any matter involved in the grand jury investigation; and |
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(C) are in the possession, custody, or control of |
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the state or any person under contract with the state. |
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(b) Subsection (a) does not authorize the removal of |
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documents, items, or information from the possession of the state, |
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and any inspection shall be in the presence of a representative of |
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the state. |
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(c) In the case of a pro se accused or suspected person, the |
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state shall permit the inspection or review of the document, item, |
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or information as provided by Subsection (a), but is not required to |
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allow electronic duplication as described by that subsection. |
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(d) The attorney representing the state may provide to an |
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accused or suspected person electronic duplicates of any document, |
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item, or information described by Subsection (a). |
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(e) Subsection (a) does not authorize the disclosure of: |
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(1) the work product of the attorney representing the |
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state in the investigation; or |
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(2) the work product of the state's investigators, |
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including an investigator's notes or reports. |
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(f) The rights granted to the accused or suspected person |
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under Subsection (a) do not extend to written communications |
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between the state and an agent, representative, or employee of the |
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state. |
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(g) If only a portion of the applicable document, item, or |
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information is subject to discovery under this article, the state |
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is not required to produce or permit the inspection of the remaining |
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portion that is not subject to discovery and may withhold or redact |
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that portion. The state shall inform the accused or suspected |
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person that a portion of the document, item, or information has been |
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withheld or redacted. |
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(h) The accused or suspected person, the attorney |
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representing the accused or suspected person, or an investigator, |
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expert, consulting legal counsel, or other agent of the attorney |
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representing the accused or suspected person may not disclose to a |
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third party any documents, evidence, materials, or witness |
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statements received under this article unless: |
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(1) a court orders the disclosure after notice and |
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hearing, on a showing of good cause and after considering the |
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security and privacy interests of any victim or witness; or |
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(2) the documents, evidence, materials, or witness |
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statements have already been publicly disclosed. |
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(i) Notwithstanding any other provision of this article, |
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information identifying any victim or witness, including the name |
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of a victim or witness and including the address, telephone number, |
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driver's license number, social security number, date of birth, or |
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bank account information or any other information that by reference |
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would make it possible to identify a victim or witness, is |
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confidential and may not be disclosed unless the disclosure is |
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ordered by the court under Subsection (h) or otherwise required by |
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Subsection (j). |
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(j) Notwithstanding any other provision of this article, |
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the state shall disclose to the accused or suspected person any |
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exculpatory, impeachment, or mitigating document, item, or |
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information that is in the possession, custody, or control of the |
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state or any person under contract with the state that tends to |
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negate the guilt of the accused or suspected person or would tend to |
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reduce the punishment for the offense being investigated. |
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(k) The state shall electronically record or otherwise |
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document any document, item, or other information provided to the |
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accused or suspected person under this article. |
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(l) Except as provided by Subsection (i), this article does |
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not prohibit the attorney representing the state from providing |
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discovery and documentation beyond that required by this article. |
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(m) This article applies only to discovery for a grand jury |
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investigation. This article does not limit an accused or suspected |
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person's right to discovery authorized by other law. |
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(n) [The defendant may petition a court to order the |
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disclosure of information made secret by Article 20A.202, |
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20A.203(a), or 20A.204, including a recording or typewritten |
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transcription under Article 20A.201, as a matter preliminary to or |
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in connection with a judicial proceeding. The court may order |
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disclosure of the information if the defendant shows a |
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particularized need. |
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[(b) A petition for disclosure under Subsection (a) must be |
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filed in the district court in which the case is pending. The |
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defendant must also file a copy of the petition with the attorney |
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representing the state, the parties to the judicial proceeding, and |
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any other person the court requires. Each person who receives a |
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copy of the petition under this subsection is entitled to appear |
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before the court. The court shall provide interested parties with |
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an opportunity to appear and present arguments for or against the |
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requested disclosure. |
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[(c)] A person who receives information under this article |
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and discloses that information in a manner not authorized by this |
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article may be punished for contempt in the same manner as a person |
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who violates Article 20A.203(a). |
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SECTION 8. Article 20A.257, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 20A.257. EXAMINATION OF WITNESSES. (a) A person who |
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is subpoenaed to appear as a witness before a grand jury shall be |
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given a reasonable opportunity to retain counsel and to consult |
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with counsel before the person's appearance. |
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(b) Only a grand juror or the attorney representing the |
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state may examine a witness before the grand jury. |
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(c) [(b)] The attorney representing the state shall advise |
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the grand jury regarding the proper mode of examining a witness. |
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(d) 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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following warning: |
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"Your testimony before this grand jury is under oath. Any |
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material question that is answered falsely before this grand jury |
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subjects you to being prosecuted for aggravated perjury. You have |
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the right to refuse to make answers to any question, the answer to |
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which would incriminate you in any manner. Any testimony you give |
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may be used against you at any subsequent proceeding." |
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(e) [(c)] If a felony has been committed in any county in |
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the grand jury's jurisdiction, and the name of the offender is known |
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or unknown or if it is uncertain when or how the felony was |
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committed, the grand jury shall first state the subject matter |
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under investigation to a witness called before the grand jury and |
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may then ask questions relevant to the transaction in general terms |
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and in a manner that enables a determination as to whether the |
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witness has knowledge of the violation of any particular law by any |
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person, and if so, by what person. |
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SECTION 9. Article 20A.258(b), Code of Criminal Procedure, |
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is amended to read as follows: |
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(b) The warnings required under Subsection (a)(1) must |
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consist of the following: |
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"Your testimony before this grand jury is under oath. Any |
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material question that is answered falsely before this grand jury |
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subjects you to being prosecuted for aggravated perjury. You have |
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the right to refuse to make answers to any question, the answer to |
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which would incriminate you in any manner. You have the right to |
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have an attorney [a lawyer] present outside this chamber to advise |
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you before making answers to questions you feel might incriminate |
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you. Any testimony you give may be used against you at any |
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subsequent proceeding. 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 10. 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 may be 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 office shall adopt rules as necessary to implement |
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this section, including rules regarding the content of the training |
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course required by Subsection (a). |
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SECTION 11. As soon as practicable after the effective date |
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of this Act, the Office of Court Administration of the Texas |
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Judicial System shall adopt rules as required by Section 72.0365, |
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Government Code, as added by this Act. |
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SECTION 12. The changes in law made by this Act apply only |
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to a grand jury proceeding that begins on or after the effective |
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date 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 13. This Act takes effect September 1, 2025. |