Bill Text: TX HB713 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to grand jury proceedings.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-03-01 - Referred to Criminal Jurisprudence [HB713 Detail]
Download: Texas-2021-HB713-Introduced.html
87R3295 AJZ-D | ||
By: Reynolds | H.B. No. 713 |
|
||
|
||
relating to grand jury proceedings. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Article 20A.102(a), Code of Criminal Procedure, | ||
is amended to read as follows: | ||
(a) While the grand jury is conducting proceedings, only the | ||
following persons may be present in the grand jury room: | ||
(1) a grand juror; | ||
(2) a bailiff; | ||
(3) the attorney representing the state; | ||
(4) a witness: | ||
(A) while the witness is being examined; or | ||
(B) when the witness's presence is necessary to | ||
assist the attorney representing the state in examining another | ||
witness or presenting evidence to the grand jury; | ||
(5) an interpreter, if necessary; | ||
(6) a stenographer or a person operating an electronic | ||
recording device, as provided by Article 20A.201; [ |
||
(7) a person operating a video teleconferencing system | ||
for use under Article 20A.259; 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 20A.1031. | ||
SECTION 2. Subchapter C, Chapter 20A, Code of Criminal | ||
Procedure, is amended by adding Article 20A.1031 to read as | ||
follows: | ||
Art. 20A.1031. ATTORNEY REPRESENTING WITNESS ENTITLED TO | ||
APPEAR. 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. 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 3. Article 20A.204(a), Code of Criminal Procedure, | ||
is amended to read as follows: | ||
(a) The attorney representing the state may not disclose | ||
anything transpiring before the grand jury except as permitted by | ||
this article, [ |
||
SECTION 4. Article 20A.257, Code of Criminal Procedure, is | ||
amended to read as follows: | ||
Art. 20A.257. EXAMINATION OF WITNESSES. (a) 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) Only a grand juror or the attorney representing the | ||
state may examine a witness before the grand jury. | ||
(c) [ |
||
the grand jury regarding the proper mode of examining a witness. | ||
(d) Before the grand jury may question the witness, a | ||
witness appearing before a grand jury shall be orally given the | ||
following warning: | ||
"Your testimony before this grand jury is under oath. Any | ||
material question that is answered falsely before this grand jury | ||
subjects you to being prosecuted for aggravated perjury. You have | ||
the right to refuse to make answers to any question, the answer to | ||
which would incriminate you in any manner. During questioning, you | ||
have the right to have an attorney present to advise you before | ||
making answers to questions you feel might incriminate you. Any | ||
testimony you give may be used against you at any subsequent | ||
proceeding." | ||
(e) [ |
||
the grand jury's jurisdiction, and the name of the offender is known | ||
or unknown or if it is uncertain when or how the felony was | ||
committed, the grand jury shall first state the subject matter | ||
under investigation to a witness called before the grand jury and | ||
may then ask questions relevant to the transaction in general terms | ||
and in a manner that enables a determination as to whether the | ||
witness has knowledge of the violation of any particular law by any | ||
person, and if so, by what person. | ||
SECTION 5. Article 39.14(h), Code of Criminal Procedure, is | ||
amended to read as follows: | ||
(h) Notwithstanding any other provision of this article, | ||
the state shall disclose to the defendant any exculpatory, | ||
impeachment, or mitigating document, item, or information in the | ||
possession, custody, or control of the state that tends to negate | ||
the guilt of the defendant or would tend to reduce the punishment | ||
for the offense charged, including any exculpatory, impeachment, or | ||
mitigating document, item, or information that was obtained as a | ||
result of a grand jury proceeding. | ||
SECTION 6. The changes in law made by this Act apply 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 7. This Act takes effect September 1, 2021. |