Texas 2009 - 81st Regular

Texas House Bill HB296 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R742 UM-D
2	2	By: Dutton H.B. No. 296
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the secrecy of grand jury proceedings.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Article 19.34, Code of Criminal Procedure, is
10	10	amended to read as follows:
11	11	Art. 19.34. OATH OF GRAND JURORS. (a) When the grand jury
12	12	is completed, the court shall appoint one of the number foreman; and
13	13	the following oath shall be administered by the court, or under its
14	14	direction, to the jurors: "You solemnly swear that you will
15	15	diligently inquire into, and true presentment make, of all such
16	16	matters and things as shall be given you in charge; the State's
17	17	counsel, your fellows and your own, you shall keep secret during the
18	18	term of the grand jury, unless required to disclose the same in the
19	19	course of a judicial proceeding in which the truth or falsity of
20	20	evidence given in the grand jury room, in a criminal case, shall be
21	21	under investigation. You shall present no person from envy, hatred
22	22	or malice; neither shall you leave any person unpresented for love,
23	23	fear, favor, affection or hope of reward; but you shall present
24	24	things truly as they come to your knowledge, according to the best
25	25	of your understanding, so help you God".
26	26	(b) In this article, the term of a grand jury includes any
27	27	period during which the term of the grand jury has been extended
28	28	under Article 19.07.
29	29	SECTION 2. Article 19.36, Code of Criminal Procedure, is
30	30	amended to read as follows:
31	31	Art. 19.36. BAILIFFS APPOINTED. (a) The court and the
32	32	district attorney may each appoint one or more bailiffs to attend
33	33	upon the grand jury, and at the time of appointment, the following
34	34	oath shall be administered to each of them by the court, or under
35	35	its direction: "You solemnly swear that you will faithfully and
36	36	impartially perform all the duties of bailiff of the grand jury, and
37	37	that during the term of the grand jury you will keep secret the
38	38	proceedings of the grand jury, so help you God". Such bailiffs
39	39	shall be compensated in a sum to be set by the commissioners court
40	40	of said county.
41	41	(b) In this article, the term of a grand jury includes any
42	42	period during which the term of the grand jury has been extended
43	43	under Article 19.07.
44	44	SECTION 3. Article 20.02, Code of Criminal Procedure, is
45	45	amended to read as follows:
46	46	Art. 20.02. PROCEEDINGS SECRET DURING GRAND JURY TERM. (a)
47	47	The proceedings of the grand jury shall be secret during the term of
48	48	the grand jury.
49	49	(b) A grand juror, bailiff, interpreter, stenographer or
50	50	person operating an electronic recording device, or person
51	51	preparing a typewritten transcription of a stenographic or
52	52	electronic recording who during the term of the grand jury
53	53	discloses anything transpiring before the grand jury, regardless of
54	54	whether the thing transpiring is recorded, in the course of the
55	55	official duties of the grand jury shall be liable to a fine as for
56	56	contempt of the court, not exceeding five hundred dollars,
57	57	imprisonment not exceeding thirty days, or both such fine and
58	58	imprisonment.
59	59	(c) A disclosure of a record made under Article 20.012, a
60	60	disclosure of a typewritten transcription of that record, or a
61	61	disclosure otherwise prohibited by Subsection (b) or Article 20.16
62	62	may be made by the attorney representing the state, during or after
63	63	the term of the grand jury, in performing the attorney's duties to a
64	64	grand juror serving on the grand jury before whom the record was
65	65	made, another grand jury, a law enforcement agency, or a
66	66	prosecuting attorney, as permitted by the attorney representing the
67	67	state and determined by the attorney as necessary to assist the
68	68	attorney in the performance of the attorney's duties. The attorney
69	69	representing the state shall warn any person the attorney
70	70	authorizes to receive information under this subsection of the
71	71	person's duty to maintain the secrecy of the information during the
72	72	term of the grand jury before which the information was presented.
73	73	Any person who receives information under this subsection and
74	74	discloses the information for purposes other than those permitted
75	75	by this subsection and at a time other than that permitted by this
76	76	subsection is subject to punishment for contempt in the same manner
77	77	as persons who violate Subsection (b).
78	78	(d) The defendant may petition a court to order the
79	79	disclosure of information otherwise made secret by this article or
80	80	the disclosure of a recording or typewritten transcription under
81	81	Article 20.012 as a matter preliminary to or in connection with a
82	82	judicial proceeding. The court may order disclosure of the
83	83	information, recording, or transcription on a showing by the
84	84	defendant of a particularized need.
85	85	(e) A petition for disclosure under Subsection (d) must be
86	86	filed in the district court in which the case is pending. The
87	87	defendant must also file a copy of the petition with the attorney
88	88	representing the state, the parties to the judicial proceeding, and
89	89	any other persons required by the court to receive a copy of the
90	90	petition. All persons receiving a petition under this subsection
91	91	are entitled to appear before the court. The court shall provide
92	92	interested parties with an opportunity to appear and present
93	93	arguments for the continuation of or end to the requirement of
94	94	secrecy.
95	95	(f) A person who receives information under Subsection (d)
96	96	or (e) and during the term of the grand jury before which the
97	97	information was presented discloses that information is subject to
98	98	punishment for contempt in the same manner as a person who violates
99	99	Subsection (b).
100	100	(g) The attorney representing the state may not disclose
101	101	during the term of the grand jury anything transpiring before the
102	102	grand jury except as permitted by Subsections (c), (d), and (e).
103	103	(h) A subpoena or summons relating to a grand jury
104	104	proceeding or investigation must be kept secret to the extent and
105	105	for as long as necessary to prevent, during the term of the grand
106	106	jury, the unauthorized disclosure of a matter before that [the]
107	107	grand jury. This subsection may not be construed to limit a
108	108	disclosure permitted by Subsection (c), (d), or (e).
109	109	(i) In this article, the term of a grand jury includes any
110	110	period during which the term of the grand jury is extended under
111	111	Article 19.07.
112	112	SECTION 4. Article 20.16, Code of Criminal Procedure, is
113	113	amended to read as follows:
114	114	Art. 20.16. OATHS TO WITNESSES. (a) The following oath
115	115	shall be administered by the foreman, or under the foreman's
116	116	direction, to each witness before being interrogated: "You
117	117	solemnly swear that during the term of the grand jury you will not
118	118	reveal, by your words or conduct, and will keep secret any matter
119	119	about which you may be interrogated or that you have observed during
120	120	the proceedings of the grand jury, and that you will answer
121	121	truthfully the questions asked of you by the grand jury, or under
122	122	its direction, so help you God."
123	123	(b) A witness who during the term of the grand jury reveals
124	124	any matter about which the witness is interrogated or that the
125	125	witness has observed during the proceedings of the grand jury,
126	126	other than when required to give evidence thereof in due course,
127	127	shall be liable to a fine as for contempt of court, not exceeding
128	128	$500, and to imprisonment not exceeding six months.
129	129	(c) In this article, the term of a grand jury includes any
130	130	period during which the term of the grand jury is extended under
131	131	Article 19.07.
132	132	SECTION 5. This Act applies only to a grand jury for which
133	133	the term of the grand jury commences on or after the effective date
134	134	of this Act.
135	135	SECTION 6. This Act takes effect September 1, 2009.