Texas 2019 - 86th Regular

Texas House Bill HB2427 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R11772 AJZ-D
2	2	By: Reynolds H.B. No. 2427
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to grand jury proceedings.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Article 20.011(a), Code of Criminal Procedure,
10	10	is amended to read as follows:
11	11	(a) Only the following persons may be present in a grand
12	12	jury room while the grand jury is conducting proceedings:
13	13	(1) grand jurors;
14	14	(2) bailiffs;
15	15	(3) the attorney representing the state;
16	16	(4) witnesses while being examined or when necessary
17	17	to assist the attorney representing the state in examining other
18	18	witnesses or presenting evidence to the grand jury;
19	19	(5) interpreters, if necessary;
20	20	(6) a stenographer or person operating an electronic
21	21	recording device, as provided by Article 20.012; [and]
22	22	(7) a person operating a video teleconferencing system
23	23	for use under Article 20.151; and
24	24	(8) an attorney representing a witness, including a
25	25	witness who is an accused or suspected person, during the time the
26	26	witness is being examined or offering testimony to the grand jury
27	27	and for the sole purpose of providing consultation in the manner
28	28	described by Article 20.03(c).
29	29	SECTION 2. Article 20.02(g), Code of Criminal Procedure, is
30	30	amended to read as follows:
31	31	(g) The attorney representing the state may not disclose
32	32	anything transpiring before the grand jury except as permitted by
33	33	Subsections (c), (d), and (e) and Article 39.14(h).
34	34	SECTION 3. Article 20.03, Code of Criminal Procedure, is
35	35	amended to read as follows:
36	36	Art. 20.03. ATTORNEY [REPRESENTING STATE] ENTITLED TO
37	37	APPEAR. (a) In this chapter, "attorney ["The attorney]
38	38	representing the state [State]" means the attorney general
39	39	[Attorney General], district attorney, criminal district attorney,
40	40	or county attorney.
41	41	(b) The attorney representing the state [State,] is
42	42	entitled to go before the grand jury and inform the grand jurors
43	43	[them] of offenses liable to indictment at any time except when the
44	44	grand jury is:
45	45	(1) [they are] discussing the propriety of finding an
46	46	indictment; or
47	47	(2) voting on an indictment [upon the same].
48	48	(c) A witness who testifies before a grand jury, including a
49	49	witness who is an accused or suspected person, is entitled to have
50	50	an attorney present while the grand jury is questioning the
51	51	witness. The grand jury shall permit the attorney or the witness to
52	52	interrupt the questioning at any time so that the witness may
53	53	consult with the attorney outside the hearing of the grand jury.
54	54	SECTION 4. Article 20.17(c), Code of Criminal Procedure, is
55	55	amended to read as follows:
56	56	(c) If an accused or suspected person is subpoenaed to
57	57	appear before a grand jury prior to any questions before the grand
58	58	jury, the person accused or suspected shall be orally warned as
59	59	follows:
60	60	(1) "Your testimony before this grand jury is under
61	61	oath";
62	62	(2) "Any material question that is answered falsely
63	63	before this grand jury subjects you to being prosecuted for
64	64	aggravated perjury";
65	65	(3) "You have the right to refuse to make answers to
66	66	any question, the answer to which would incriminate you in any
67	67	manner";
68	68	(4) "During questioning, you ["You] have the right to
69	69	have an attorney [a lawyer] present [outside this chamber] to
70	70	advise you before making answers to questions you feel might
71	71	incriminate you";
72	72	(5) "Any testimony you give may be used against you at
73	73	any subsequent proceeding";
74	74	(6) "If you are unable to employ an attorney [a
75	75	lawyer], you have the right to have an attorney [a lawyer] appointed
76	76	to advise you before making an answer to a question, the answer to
77	77	which you feel might incriminate you."
78	78	SECTION 5. Article 20.18, Code of Criminal Procedure, is
79	79	amended to read as follows:
80	80	Art. 20.18. HOW WITNESS QUESTIONED. (a) A person who is
81	81	subpoenaed to appear as a witness before a grand jury shall be given
82	82	a reasonable opportunity to retain counsel and to consult with
83	83	counsel before the person's appearance.
84	84	(b) Before the grand jury may question the witness, a
85	85	witness appearing before a grand jury shall be orally given the
86	86	warnings described by Article 20.17(c), other than the warning
87	87	described by Article 20.17(c)(6).
88	88	(c) When a felony has been committed in any county within
89	89	the jurisdiction of the grand jury, and the name of the offender is
90	90	known or unknown or where it is uncertain when or how the felony was
91	91	committed, the grand jury shall first state to the witness called
92	92	the subject matter under investigation, then may ask pertinent
93	93	questions relative to the transaction in general terms and in such a
94	94	manner as to determine whether the witness [he] has knowledge of the
95	95	violation of any particular law by any person, and if so, by what
96	96	person.
97	97	SECTION 6. Article 39.14(h), Code of Criminal Procedure, is
98	98	amended to read as follows:
99	99	(h) Notwithstanding any other provision of this article,
100	100	the state shall disclose to the defendant any exculpatory,
101	101	impeachment, or mitigating document, item, or information in the
102	102	possession, custody, or control of the state that tends to negate
103	103	the guilt of the defendant or would tend to reduce the punishment
104	104	for the offense charged, including any exculpatory, impeachment, or
105	105	mitigating document, item, or information that was obtained as a
106	106	result of a grand jury proceeding.
107	107	SECTION 7. The changes in law made by this Act apply only to
108	108	a grand jury proceeding that begins on or after the effective date
109	109	of this Act. A grand jury proceeding that begins before the
110	110	effective date of this Act is governed by the law in effect on the
111	111	date the proceeding began, and the former law is continued in effect
112	112	for that purpose.
113	113	SECTION 8. This Act takes effect September 1, 2019.