| 1 | 1 | | 84R4300 MEW-D |
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| 2 | 2 | | By: Dutton H.B. No. 865 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the recording of certain grand jury proceedings that |
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| 8 | 8 | | involve a peace officer. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Chapter 20, Code of Criminal Procedure, is |
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| 11 | 11 | | amended by adding Article 20.013 to read as follows: |
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| 12 | 12 | | Art. 20.013. RECORDING OF CERTAIN GRAND JURY PROCEEDINGS |
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| 13 | 13 | | INVOLVING A PEACE OFFICER. (a) The entire grand jury proceeding |
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| 14 | 14 | | shall be recorded either by a stenographer or by use of an |
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| 15 | 15 | | electronic device capable of recording sound if: |
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| 16 | 16 | | (1) the person who is suspected or accused was |
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| 17 | 17 | | employed as a peace officer at the time of the offense with which |
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| 18 | 18 | | the person is suspected or accused; and |
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| 19 | 19 | | (2) the offense with which the person is suspected or |
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| 20 | 20 | | accused is said to have been committed during the course and scope |
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| 21 | 21 | | of the person's duties as a peace officer. |
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| 22 | 22 | | (b) A disclosure of a record made under Subsection (a) or a |
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| 23 | 23 | | disclosure of a typewritten transcription of that record shall be |
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| 24 | 24 | | made public if the grand jury finds no bill of indictment. |
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| 25 | 25 | | SECTION 2. Article 20.02(a), Code of Criminal Procedure, is |
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| 26 | 26 | | amended to read as follows: |
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| 27 | 27 | | (a) Except as provided by Article 20.013, the [The] |
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| 28 | 28 | | proceedings of the grand jury shall be secret. |
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| 29 | 29 | | SECTION 3. This Act applies only to a grand jury whose term |
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| 30 | 30 | | commences on or after the effective date of this Act. |
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| 31 | 31 | | SECTION 4. This Act takes effect September 1, 2015. |
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