81R742 UM-D
By: Dutton H.B. No. 296
A BILL TO BE ENTITLED
AN ACT
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. Article 20.02, Code of Criminal Procedure, is
amended to read as follows:
Art. 20.02. PROCEEDINGS SECRET DURING GRAND JURY TERM. (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).
(d) The defendant may petition a court to order the
disclosure of information otherwise made secret by this article or
the disclosure of a recording or typewritten transcription under
Article 20.012 as a matter preliminary to or in connection with a
judicial proceeding. The court may order disclosure of the
information, recording, or transcription on a showing by the
defendant of a particularized need.
(e) A petition for disclosure under Subsection (d) must be
filed in the district court in which the case is pending. The
defendant must also file a copy of the petition with the attorney
representing the state, the parties to the judicial proceeding, and
any other persons required by the court to receive a copy of the
petition. All persons receiving a petition under this subsection
are entitled to appear before the court. The court shall provide
interested parties with an opportunity to appear and present
arguments for the continuation of or end to the requirement of
secrecy.
(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 [the]
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 4. 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 5. 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 6. This Act takes effect September 1, 2009.