Texas House Bill HB2398

Texas 2019 - 86th Regular

Caption

Relating to grand jury proceedings; providing a punishment for contempt of court.

Impact

This bill also introduces updated rules regarding the recording of grand jury proceedings. It mandates that all testimony and questioning by the grand jury and the attorney must be officially recorded, although deliberations will remain off the record. Moreover, it addresses the validity of grand juries, providing that failure to record should not invalidate proceedings, thus balancing the need for transparency with practical concerns in the court process. These revisions aim to enhance accountability within the grand jury system while safeguarding the rights of accused individuals.

Summary

House Bill 2398 aims to amend the Texas Code of Criminal Procedure concerning grand jury proceedings by establishing clearer guidelines for who may attend and how proceedings should be recorded. A significant aspect of this legislation is the inclusion of provisions that allow for an attorney representing a witness to be present during the witness's testimony before the grand jury, ensuring legal support during such critical moments. This change is set to provide greater protection for individuals who may be under scrutiny during the legal process.

Contention

Notably, the legislation includes restrictions on investigations by grand juries. A grand jury cannot investigate an individual for an offense if that person has already been investigated by another grand jury on the same charge without the discovery of new evidence. This could mitigate the risk of repeated and potentially harassing investigations against individuals who have already been found innocent, but it may also generate concerns among prosecutors regarding their ability to pursue cases effectively.

Further_provisions

In addition to these main points, HB 2398 introduces a new article in the Code of Criminal Procedure that allows accused individuals to apply for the recovery of attorney's fees associated with grand jury investigations if they believe the state's position was unjustified or vexatious. This clause promotes fairness in legal proceedings but might also lead to increased scrutiny regarding the conduct of prosecutors and the validity of their cases.