Texas House Bill HB211

Texas 2019 - 86th Regular

Caption

Relating to grand jury proceedings; providing a criminal penalty.

Impact

With the implementation of HB 211, the law delineates a more structured environment for grand jury proceedings. The amendments expand the list of individuals allowed to be present in these proceedings, specifically allowing attorneys who represent witnesses—particularly those who are targets of investigations—to offer counsel within the grand jury room. This is a pivotal change as it seeks to ensure that defendants have legal support during the questioning phase while also maintaining the proceedings' confidentiality. Furthermore, it establishes that attorneys are subject to penalties, including contempt, for any unauthorized disclosures stemming from grand jury interviews.

Summary

House Bill 211 is a legislative proposal concerning grand jury proceedings in Texas. The bill amends the existing Code of Criminal Procedure, specifically Article 20, which governs the conduct and composition of grand juries. Significant changes include the restrictions on who can be present during a grand jury's proceedings and the introduction of penalties for attorneys who disclose information from these proceedings. This modification aims to enhance confidentiality and protect the integrity of the grand jury process.

Contention

Debates surrounding HB 211 could arise over the balance between transparency and confidentiality within the judicial process. Proponents of the bill argue that increasing the presence of legal representation during grand jury proceedings enhances the fairness of the system and provides necessary protections for those being investigated. Conversely, opponents might raise concerns about the repercussions for transparency and public interest when proceedings become more cloistered. Moreover, the harsh penalties imposed on attorneys for disclosures may spark discussions about the ramifications such restrictions could have on legal counsel's ability to advocate for their clients effectively.