Bill Text: TX SB1250 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to certain rights of witnesses who appear before a grand jury; providing a penalty.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2015-03-17 - Referred to Criminal Justice [SB1250 Detail]
Download: Texas-2015-SB1250-Introduced.html
84R9150 JRR-F | ||
By: Ellis | S.B. No. 1250 |
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relating to certain rights of witnesses who appear before a grand | ||
jury; providing a 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; [ |
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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 20.02, 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 [ |
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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. 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 September 1, 2015. |