Bill Text: TX HB392 | 2017 | 85th Legislature 1st Special Session | Introduced

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Bill Title: Relating to grand jury proceedings; providing a criminal penalty.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2017-08-09 - Filed [HB392 Detail]

Download: Texas-2017-HB392-Introduced.html

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85S12600 SMT-D
By: Reynolds H.B. No. 392

A BILL TO BE ENTITLED
AN ACT
relating to grand jury proceedings; providing a criminal penalty.
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; [and]
(7) a person operating a video teleconferencing system
for use under Article 20.151; and
(8) an attorney representing a witness who is a target
of a grand jury investigation, for the sole purpose of consultation
in the manner described by Article 20.03(c).
SECTION 2. Article 20.02, Code of Criminal Procedure, is
amended by adding Subsection (i) to read as follows:
(i) 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 3. Article 20.03, Code of Criminal Procedure, is
amended to read as follows:
Art. 20.03. ATTORNEY [REPRESENTING STATE] ENTITLED TO
APPEAR. (a) In this chapter, "attorney ["The attorney]
representing the state" [State"] means the attorney general
[Attorney General], district attorney, criminal district attorney,
or county attorney.
(b) The attorney representing the state [State,] is
entitled to go before the grand jury and inform the grand jurors
[them] of offenses liable to indictment at any time except when the
grand jury is:
(1) [they are] discussing the propriety of finding an
indictment; or
(2) voting on an indictment [upon the same].
(c) An attorney representing a witness who is a target of a
grand jury investigation may be present in the grand jury room while
the grand jury is questioning the witness. The grand jury shall
permit the attorney or 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.
SECTION 4. The change in law made by this Act applies 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 December 1, 2017.