Bill Text: TX HB686 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to the secrecy of grand jury proceedings.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2011-04-19 - Left pending in committee [HB686 Detail]
Download: Texas-2011-HB686-Introduced.html
| 82R4680 NAJ-D | ||
| By: Dutton | H.B. No. 686 | |
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| relating to the secrecy of grand jury proceedings. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Article 19.34, Code of Criminal Procedure, is | ||
| amended to read as follows: | ||
| Art. 19.34. OATH OF GRAND JURORS. (a) When the grand jury | ||
| is completed, the court shall appoint one of the number foreman; and | ||
| the following oath shall be administered by the court, or under its | ||
| direction, to the jurors: "You solemnly swear that you will | ||
| diligently inquire into, and true presentment make, of all such | ||
| matters and things as shall be given you in charge; the State's | ||
| counsel, your fellows and your own, you shall keep secret during the | ||
| term of the grand jury, unless required to disclose the same in the | ||
| course of a judicial proceeding in which the truth or falsity of | ||
| evidence given in the grand jury room, in a criminal case, shall be | ||
| under investigation. You shall present no person from envy, hatred | ||
| or malice; neither shall you leave any person unpresented for love, | ||
| fear, favor, affection or hope of reward; but you shall present | ||
| things truly as they come to your knowledge, according to the best | ||
| of your understanding, so help you God". | ||
| (b) In this article, the term of a grand jury includes any | ||
| period during which the term of the grand jury has been extended | ||
| under Article 19.07. | ||
| SECTION 2. Article 19.36, Code of Criminal Procedure, is | ||
| amended to read as follows: | ||
| Art. 19.36. BAILIFFS APPOINTED. (a) The court and the | ||
| district attorney may each appoint one or more bailiffs to attend | ||
| upon the grand jury, and at the time of appointment, the following | ||
| oath shall be administered to each of them by the court, or under | ||
| its direction: "You solemnly swear that you will faithfully and | ||
| impartially perform all the duties of bailiff of the grand jury, and | ||
| that during the term of the grand jury you will keep secret the | ||
| proceedings of the grand jury, so help you God". Such bailiffs | ||
| shall be compensated in a sum to be set by the commissioners court | ||
| of said county. | ||
| (b) In this article, the term of a grand jury includes any | ||
| period during which the term of the grand jury has been extended | ||
| under Article 19.07. | ||
| SECTION 3. The heading to Article 20.02, Code of Criminal | ||
| Procedure, is amended to read as follows: | ||
| Art. 20.02. PROCEEDINGS SECRET DURING GRAND JURY TERM. | ||
| SECTION 4. Article 20.02, Code of Criminal Procedure, is | ||
| amended by amending Subsections (a), (b), (c), (f), (g), and (h) and | ||
| adding Subsection (i) to read as follows: | ||
| (a) The proceedings of the grand jury shall be secret during | ||
| the term of the grand jury. | ||
| (b) A grand juror, bailiff, interpreter, stenographer or | ||
| person operating an electronic recording device, or person | ||
| preparing a typewritten transcription of a stenographic or | ||
| electronic recording who during the term of the grand jury | ||
| discloses anything transpiring before the grand jury, regardless of | ||
| whether the thing transpiring is recorded, in the course of the | ||
| official duties of the grand jury shall be liable to a fine as for | ||
| contempt of the court, not exceeding five hundred dollars, | ||
| imprisonment not exceeding thirty days, or both such fine and | ||
| imprisonment. | ||
| (c) A disclosure of a record made under Article 20.012, a | ||
| disclosure of a typewritten transcription of that record, or a | ||
| disclosure otherwise prohibited by Subsection (b) or Article 20.16 | ||
| may be made by the attorney representing the state, during or after | ||
| the term of the grand jury, in performing the attorney's duties to a | ||
| grand juror serving on the grand jury before whom the record was | ||
| made, another grand jury, a law enforcement agency, or a | ||
| prosecuting attorney, as permitted by the attorney representing the | ||
| state and determined by the attorney as necessary to assist the | ||
| attorney in the performance of the attorney's duties. The attorney | ||
| representing the state shall warn any person the attorney | ||
| authorizes to receive information under this subsection of the | ||
| person's duty to maintain the secrecy of the information during the | ||
| term of the grand jury before which the information was presented. | ||
| Any person who receives information under this subsection and | ||
| discloses the information for purposes other than those permitted | ||
| by this subsection and at a time other than that permitted by this | ||
| subsection is subject to punishment for contempt in the same manner | ||
| as persons who violate Subsection (b). | ||
| (f) A person who receives information under Subsection (d) | ||
| or (e) and during the term of the grand jury before which the | ||
| information was presented discloses that information 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 | ||
| during the term of the grand jury anything transpiring before the | ||
| grand jury except as permitted by Subsections (c), (d), and (e). | ||
| (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, during the term of the grand | ||
| jury, the unauthorized disclosure of a matter before that [ |
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| grand jury. This subsection may not be construed to limit a | ||
| disclosure permitted by Subsection (c), (d), or (e). | ||
| (i) In this article, the term of a grand jury includes any | ||
| period during which the term of the grand jury is extended under | ||
| Article 19.07. | ||
| SECTION 5. Article 20.16, Code of Criminal Procedure, is | ||
| amended to read as follows: | ||
| Art. 20.16. OATHS TO WITNESSES. (a) The following oath | ||
| shall be administered by the foreman, or under the foreman's | ||
| direction, to each witness before being interrogated: "You | ||
| solemnly swear that during the term of the grand jury you will not | ||
| reveal, by your words or conduct, and will keep secret any matter | ||
| about which you may be interrogated or that you have observed during | ||
| the proceedings of the grand jury, and that you will answer | ||
| truthfully the questions asked of you by the grand jury, or under | ||
| its direction, so help you God." | ||
| (b) A witness who during the term of the grand jury reveals | ||
| any matter about which the witness is interrogated or that the | ||
| witness has observed during the proceedings of the grand jury, | ||
| other than when required to give evidence thereof in due course, | ||
| shall be liable to a fine as for contempt of court, not exceeding | ||
| $500, and to imprisonment not exceeding six months. | ||
| (c) In this article, the term of a grand jury includes any | ||
| period during which the term of the grand jury is extended under | ||
| Article 19.07. | ||
| SECTION 6. This Act applies only to a grand jury for which | ||
| the term of the grand jury commences on or after the effective date | ||
| of this Act. | ||
| SECTION 7. This Act takes effect September 1, 2011. | ||
