| 1 | 1 | | 84R9150 JRR-F |
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| 2 | 2 | | By: Ellis S.B. No. 1250 |
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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 certain rights of witnesses who appear before a grand |
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| 8 | 8 | | jury; providing a penalty. |
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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. Article 20.011(a), Code of Criminal Procedure, |
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| 11 | 11 | | is amended to read as follows: |
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| 12 | 12 | | (a) Only the following persons may be present in a grand |
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| 13 | 13 | | jury room while the grand jury is conducting proceedings: |
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| 14 | 14 | | (1) grand jurors; |
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| 15 | 15 | | (2) bailiffs; |
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| 16 | 16 | | (3) the attorney representing the state; |
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| 17 | 17 | | (4) witnesses while being examined or when necessary |
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| 18 | 18 | | to assist the attorney representing the state in examining other |
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| 19 | 19 | | witnesses or presenting evidence to the grand jury; |
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| 20 | 20 | | (5) interpreters, if necessary; |
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| 21 | 21 | | (6) a stenographer or person operating an electronic |
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| 22 | 22 | | recording device, as provided by Article 20.012; [and] |
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| 23 | 23 | | (7) a person operating a video teleconferencing system |
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| 24 | 24 | | for use under Article 20.151; and |
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| 25 | 25 | | (8) an attorney representing a witness, including a |
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| 26 | 26 | | witness who is an accused or suspected person, during the time the |
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| 27 | 27 | | witness is being examined or offering testimony to the grand jury |
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| 28 | 28 | | and for the sole purpose of providing consultation in the manner |
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| 29 | 29 | | described by Article 20.03(c). |
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| 30 | 30 | | SECTION 2. Article 20.02, Code of Criminal Procedure, is |
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| 31 | 31 | | amended by adding Subsection (i) to read as follows: |
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| 32 | 32 | | (i) An attorney representing a witness may not disclose |
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| 33 | 33 | | anything transpiring before the grand jury. An attorney who |
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| 34 | 34 | | discloses information in violation of this subsection is subject to |
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| 35 | 35 | | punishment for contempt in the same manner as a person who violates |
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| 36 | 36 | | Subsection (b). |
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| 37 | 37 | | SECTION 3. Article 20.03, Code of Criminal Procedure, is |
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| 38 | 38 | | amended to read as follows: |
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| 39 | 39 | | Art. 20.03. ATTORNEY [REPRESENTING STATE] ENTITLED TO |
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| 40 | 40 | | APPEAR. (a) In this chapter, "attorney ["The attorney] |
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| 41 | 41 | | representing the state [State]" means the attorney general |
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| 42 | 42 | | [Attorney General], district attorney, criminal district attorney, |
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| 43 | 43 | | or county attorney. |
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| 44 | 44 | | (b) The attorney representing the state [State,] is |
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| 45 | 45 | | entitled to go before the grand jury and inform the grand jurors |
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| 46 | 46 | | [them] of offenses liable to indictment at any time except when the |
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| 47 | 47 | | grand jury is: |
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| 48 | 48 | | (1) [they are] discussing the propriety of finding an |
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| 49 | 49 | | indictment; or |
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| 50 | 50 | | (2) voting on an indictment [upon the same]. |
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| 51 | 51 | | (c) A witness who testifies before a grand jury, including a |
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| 52 | 52 | | witness who is an accused or suspected person, is entitled to have |
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| 53 | 53 | | an attorney present while the grand jury is questioning the |
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| 54 | 54 | | witness. The grand jury shall permit the attorney or the witness to |
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| 55 | 55 | | interrupt the questioning at any time so that the witness may |
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| 56 | 56 | | consult with the attorney outside the hearing of the grand jury. |
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| 57 | 57 | | SECTION 4. The change in law made by this Act applies only |
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| 58 | 58 | | to a grand jury proceeding that begins on or after the effective |
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| 59 | 59 | | date of this Act. A grand jury proceeding that begins before the |
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| 60 | 60 | | effective date of this Act is governed by the law in effect on the |
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| 61 | 61 | | date the proceeding began, and the former law is continued in effect |
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| 62 | 62 | | for that purpose. |
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| 63 | 63 | | SECTION 5. This Act takes effect September 1, 2015. |
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