Bill Text: TX HB332 | 2017 | 85th Legislature 1st Special Session | Introduced
Bill Title: Relating to grand jury proceedings.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-07-27 - Referred to Judiciary & Civil Jurisprudence [HB332 Detail]
Download: Texas-2017-HB332-Introduced.html
85S10745 AJZ-F | ||
By: Thompson of Harris | H.B. No. 332 |
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relating to grand jury proceedings. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Article 20.011(a), Code of Criminal Procedure, | ||
is amended to read as follows: | ||
(a) Only the following persons may be present in a grand | ||
jury room while the grand jury is conducting proceedings: | ||
(1) grand jurors; | ||
(2) bailiffs; | ||
(3) the attorney representing the state; | ||
(4) witnesses while being examined or when necessary | ||
to assist the attorney representing the state in examining other | ||
witnesses or presenting evidence to the grand jury; | ||
(5) interpreters, if necessary; | ||
(6) a stenographer or person operating an electronic | ||
recording device, as provided by Article 20.012; [ |
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(7) a person operating a video teleconferencing system | ||
for use under Article 20.151; and | ||
(8) an attorney representing a witness, including a | ||
witness who is an accused or suspected person, during the time the | ||
witness is being examined or offering testimony to the grand jury | ||
and for the sole purpose of providing consultation in the manner | ||
described by Article 20.03(c). | ||
SECTION 2. Article 20.012, Code of Criminal Procedure, is | ||
amended to read as follows: | ||
Art. 20.012. RECORDING OF GRAND JURY PROCEEDINGS [ |
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and Subsection (b), all statements made by the grand jury or the | ||
attorney representing the state, all questions [ |
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propounded by the grand jury or the attorney representing the state | ||
to a witness, including a witness who is an [ |
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suspected person, and all [ |
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witness who is an accused or suspected [ |
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jury shall be recorded either by a stenographer or by use of an | ||
electronic device capable of recording sound. Deliberations of the | ||
grand jury may not be recorded. | ||
(b) If the highest category of offense subject to indictment | ||
in the grand jury proceedings is punishable as a state jail felony, | ||
only questions propounded by the grand jury or the attorney | ||
representing the state to an accused or suspected person and the | ||
testimony of that person to the grand jury are required to be | ||
recorded. | ||
(c) The validity of [ |
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is not affected by an unintentional failure to record all or part of | ||
the proceedings as required by this article [ |
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(d) [ |
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transcription of those records, and may not release any record of | ||
the proceedings unless authorized by Article 20.036 [ |
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SECTION 3. Chapter 20, Code of Criminal Procedure, is | ||
amended by adding Article 20.013 to read as follows: | ||
Art. 20.013. WHO MAY BE INVESTIGATED. (a) Except as | ||
provided by Subsection (b), a grand jury may not investigate a | ||
person who is accused or suspected of an offense and may not vote to | ||
present an indictment for the offense if the person has previously | ||
been investigated by a grand jury for the same offense and that | ||
grand jury found no bill of indictment. | ||
(b) A grand jury may investigate, and may present an | ||
indictment with respect to, a person described by Subsection (a) | ||
only if the attorney representing the state establishes in an ex | ||
parte hearing that it is in the interest of justice for the person | ||
to be investigated by a subsequent grand jury for the same offense. | ||
(c) A motion to set aside an indictment due to a violation of | ||
this article must be filed in writing not later than the 45th day | ||
after the date the presentment of the indictment is entered in the | ||
record under Article 20.22, unless the defendant demonstrates that | ||
the defendant did not have a previous opportunity to challenge the | ||
grand jury investigation based on the violation of this article. | ||
SECTION 4. Article 20.02, Code of Criminal Procedure, is | ||
amended by amending Subsections (f), (g), and (h) and adding | ||
Subsection (i) to read as follows: | ||
(f) A person who receives information under Article 20.036 | ||
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not authorized by that article is subject to punishment for | ||
contempt in the same manner as a person who violates Subsection (b). | ||
(g) The attorney representing the state may not disclose | ||
anything transpiring before the grand jury except as: | ||
(1) permitted by Subsection [ |
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(2) provided by Article 20.036[ |
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(h) A subpoena or summons relating to a grand jury | ||
proceeding or investigation must be kept secret to the extent and | ||
for as long as necessary to prevent the unauthorized disclosure of a | ||
matter before the grand jury. This subsection may not be construed | ||
to limit a disclosure under [ |
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Article 20.036 [ |
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(i) Except as provided by Article 20.036, an attorney | ||
representing a witness may not disclose anything transpiring before | ||
the grand jury. An attorney who discloses information in violation | ||
of this subsection is subject to punishment for contempt in the same | ||
manner as a person who violates Subsection (b). | ||
SECTION 5. Article 20.03, Code of Criminal Procedure, is | ||
amended to read as follows: | ||
Art. 20.03. ATTORNEY [ |
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APPEAR. (a) In this chapter, "attorney [ |
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representing the state [ |
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[ |
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or county attorney. | ||
(b) The attorney representing the state [ |
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entitled to go before the grand jury and inform the grand jurors | ||
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grand jury is: | ||
(1) [ |
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indictment; or | ||
(2) voting on an indictment [ |
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(c) A witness who testifies before a grand jury, including a | ||
witness who is an accused or suspected person, is entitled to have | ||
an attorney present while the grand jury is questioning the witness | ||
or while the witness is otherwise providing testimony to the grand | ||
jury. The grand jury shall permit the witness to interrupt the | ||
questioning at any time so that the witness may consult with the | ||
attorney outside the hearing of the grand jury. | ||
(d) An attorney representing a witness, including a witness | ||
who is an accused or suspected person, may only speak to the person | ||
the attorney represents and may not speak to the grand jury | ||
regarding the grand jury investigation. | ||
SECTION 6. Chapter 20, Code of Criminal Procedure, is | ||
amended by adding Articles 20.035, 20.036, and 20.037 to read as | ||
follows: | ||
Art. 20.035. PRESENTATION OF EXCULPATORY EVIDENCE BY STATE. | ||
(a) The attorney representing the state shall present to a grand | ||
jury investigating an offense any evidence that tends to negate the | ||
guilt of the accused or suspected person and is in the possession, | ||
custody, or control of the attorney. | ||
(b) Evidence described by Subsection (a) may be presented to | ||
the grand jury at any time during the investigation. | ||
(c) A motion to set aside an indictment based on a failure to | ||
present exculpatory evidence to the grand jury in violation of this | ||
article must be filed in writing not later than the 60th day after | ||
the date the presentment of the indictment is entered in the record | ||
under Article 20.22, unless the defendant demonstrates that the | ||
defendant did not have a previous opportunity to challenge the | ||
failure to present the exculpatory evidence to the grand jury. | ||
Art. 20.036. DISCLOSURE OF TRANSCRIPT OF GRAND JURY | ||
PROCEEDINGS. (a) The accused or suspected person or the attorney | ||
representing the state may request from the clerk of the court a | ||
copy of the transcript retained under Article 20.012(d), not later | ||
than the 20th day after the date the presentment of the indictment | ||
is entered in the record under Article 20.22, unless good cause is | ||
shown for a late request. | ||
(b) On receiving a request under Subsection (a), the clerk | ||
of the court shall transcribe the recording, if necessary, and | ||
deliver the transcript to the attorney representing the state. | ||
(c) On receiving the transcript from the clerk of the court | ||
under Subsection (b), the attorney representing the state shall: | ||
(1) after considering the security and privacy | ||
interests of each witness or victim, redact any portion of the | ||
transcript that includes identifying information of a witness or | ||
victim with a privacy or security concern, including: | ||
(A) the name of the witness or victim; | ||
(B) the address, telephone number, driver's | ||
license number, social security number, date of birth, or bank | ||
account information of the witness or victim; and | ||
(C) any other information that by reference would | ||
make it possible to identify the witness or victim; and | ||
(2) deliver the transcript to the accused or suspected | ||
person. | ||
(d) On request of the accused or suspected person, the court | ||
shall conduct a hearing to determine whether redaction was | ||
authorized under Subsection (c)(1) or other law. | ||
(e) The accused or suspected person shall pay any necessary | ||
costs incurred by the clerk of the court in transcribing a recording | ||
in response to a request submitted by the person. The court may | ||
waive the costs if the court determines that the person is indigent | ||
or demonstrates an inability to pay. | ||
(f) The attorney representing the state, the accused or | ||
suspected person, or the attorney representing the accused or | ||
suspected person may disclose the contents of a transcript of a | ||
grand jury proceeding obtained under this article during a criminal | ||
proceeding that arises from the grand jury proceeding. | ||
(g) Except as otherwise authorized by Subsection (f), the | ||
accused or suspected person, the attorney representing the accused | ||
or suspected person, or an investigator, expert, consulting legal | ||
counsel, or other agent of the attorney representing the accused or | ||
suspected person may not disclose to a third party a transcript | ||
received under this article unless: | ||
(1) for good cause, a court orders the disclosure | ||
after notice and a hearing and after considering the security and | ||
privacy interests of any witness or victim; or | ||
(2) the transcript has already been publicly | ||
disclosed. | ||
Art. 20.037. SCOPE OF GRAND JURY INVESTIGATION. (a) A | ||
grand jury may only investigate whether there is probable cause to | ||
believe that an offense has been committed by an accused or | ||
suspected person. The grand jury may not subpoena a document or | ||
witness unless the grand jury has reason to believe that the | ||
document or witness is relevant to the investigation. | ||
(b) Grand jury testimony of a witness who is questioned in | ||
violation of Subsection (a) may not be used by the state in any | ||
subsequent legal proceeding, unless the testimony is introduced by | ||
the defendant in the proceeding. | ||
SECTION 7. Article 20.17(c), Code of Criminal Procedure, is | ||
amended to read as follows: | ||
(c) If an accused or suspected person is subpoenaed to | ||
appear before a grand jury prior to any questions before the grand | ||
jury, the person accused or suspected shall be orally warned as | ||
follows: | ||
(1) "Your testimony before this grand jury is under | ||
oath"; | ||
(2) "Any material question that is answered falsely | ||
before this grand jury subjects you to being prosecuted for | ||
aggravated perjury"; | ||
(3) "You have the right to refuse to make answers to | ||
any question, the answer to which would incriminate you in any | ||
manner"; | ||
(4) "During questioning by the grand jury and during | ||
your testimony, you [ |
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answers to questions you feel might incriminate you"; | ||
(5) "Any testimony you give may be used against you at | ||
any subsequent proceeding"; and | ||
(6) "If you are unable to employ an attorney [ |
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to advise you before making an answer to a question, the answer to | ||
which you feel might incriminate you." | ||
SECTION 8. Article 20.18, Code of Criminal Procedure, is | ||
amended to read as follows: | ||
Art. 20.18. HOW WITNESS QUESTIONED. (a) Absent exigent | ||
circumstances, a person who is subpoenaed to appear as a witness | ||
before a grand jury shall be given a reasonable opportunity to | ||
retain counsel and to consult with counsel before the person's | ||
appearance. | ||
(b) Before the grand jury may question the witness who is | ||
not an accused or suspected person, a witness appearing before a | ||
grand jury shall be orally given the warnings described by Article | ||
20.17(c), other than the warning described by Article 20.17(c)(6). | ||
(c) When a felony has been committed in any county within | ||
the jurisdiction of the grand jury, and the name of the offender is | ||
known or unknown or where it is uncertain when or how the felony was | ||
committed, the grand jury shall first state to the witness called | ||
the subject matter under investigation, then may ask pertinent | ||
questions relative to the transaction in general terms and in such a | ||
manner as to determine whether the witness [ |
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violation of any particular law by any person, and if so, by what | ||
person. | ||
SECTION 9. Article 27.03, Code of Criminal Procedure, is | ||
amended to read as follows: | ||
Art. 27.03. MOTION TO SET ASIDE INDICTMENT. In addition to | ||
any other grounds authorized by law, a motion to set aside an | ||
indictment or information may be based on the following: | ||
1. That it appears by the records of the court that the | ||
indictment was not found by at least nine grand jurors, or that the | ||
information was not based upon a valid complaint; | ||
2. That some person not authorized by law was present when | ||
the grand jury was deliberating upon the accusation against the | ||
defendant, or was voting upon the same; [ |
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3. That the grand jury was illegally impaneled; provided, | ||
however, in order to raise such question on motion to set aside the | ||
indictment, the defendant must show that he did not have an | ||
opportunity to challenge the array at the time the grand jury was | ||
impaneled; | ||
4. That the grand jury improperly investigated a person in | ||
violation of Article 20.013; or | ||
5. That the attorney representing the state failed to | ||
disclose exculpatory evidence in violation of Article 20.035. | ||
SECTION 10. Articles 20.02(d) and (e), Code of Criminal | ||
Procedure, are repealed. | ||
SECTION 11. The change in law made by this Act applies to a | ||
grand jury impaneled on or after the effective date of this Act. A | ||
grand jury impaneled before the effective date of this Act is | ||
governed by the law in effect on the date the grand jury was | ||
impaneled, and the former law is continued in effect for that | ||
purpose. | ||
SECTION 12. This Act takes effect December 1, 2017. |