Texas House Bill HB392

Texas 2017 - 85th 1st C.S.

Caption

Relating to grand jury proceedings; providing a criminal penalty.

Impact

The bill's amendments establish specific roles and the presence of legal counsel during grand jury proceedings, thus reinforcing the importance of representation in such high-stakes environments. The inclusion of attorneys for witnesses as a means to consult can potentially lead to more informed advice and might affect the nature of testimonies given before a grand jury. Moreover, the restriction placed on attorneys to disclose information obtained during these proceedings introduces a new layer of confidentiality and consequences for violations, emphasizing the gravity of the information discussed in these settings.

Summary

House Bill 392 pertains to the procedures for grand juries within the state of Texas, particularly addressing the presence of legal representatives during grand jury proceedings. The bill amends existing provisions within the Code of Criminal Procedure to clarify who may be present in the grand jury room when proceedings are held. Notably, it allows attorneys representing witnesses who are targets of grand jury investigations to be present for consultation, thus impacting how legal representation is handled during these proceedings. This change aims to enhance the rights of individuals involved, providing them with legal resources while being subject to grand jury hearings.

Contention

One potential point of contention may arise from the balance between transparency in the legal process and the confidentiality bound by the provisions in the bill. Critics might argue that while increasing the presence of legal counsel for witnesses is a positive step, it could also complicate or slow down grand jury procedures. Additionally, concerns may surface regarding the implications of increased legal representation and how that could affect the dynamics of grand jury investigations, especially concerning the potential for strategic disclosures or manipulation of the proceedings due to legal counsel involvement.