86R9417 AJZ-F
By: Whitmire S.B. No. 1492
A BILL TO BE ENTITLED
AN ACT
relating to grand jury proceedings.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 20.011(a), Code of Criminal Procedure,
is amended to read as follows:
(a) Only the following persons may be present in a grand
jury room while the grand jury is conducting proceedings:
(1) grand jurors;
(2) bailiffs;
(3) the attorney representing the state;
(4) witnesses while being examined or when necessary
to assist the attorney representing the state in examining other
witnesses or presenting evidence to the grand jury;
(5) interpreters, if necessary;
(6) a stenographer or person operating an electronic
recording device, as provided by Article 20.012; [and]
(7) a person operating a video teleconferencing system
for use under Article 20.151; and
(8) an attorney representing a witness, including a
witness who is an accused or suspected person, during the time the
witness is being examined or offering testimony to the grand jury
and for the sole purpose of providing consultation in the manner
described by Article 20.03(c).
SECTION 2. The heading to Article 20.012, Code of Criminal
Procedure, is amended to read as follows:
Art. 20.012. RECORDING OF GRAND JURY PROCEEDINGS [CERTAIN
TESTIMONY].
SECTION 3. Articles 20.012(a) and (b), Code of Criminal
Procedure, are amended to read as follows:
(a) Except as otherwise provided by this subsection, all
statements made by the grand jury or the attorney representing the
state, all questions [Questions] propounded by the grand jury or
the attorney representing the state to a witness, [person accused
or suspected] and all [the] testimony of a witness [that person] to
the grand jury shall be recorded either by a stenographer or by use
of an electronic device capable of recording sound. Deliberations
of the grand jury may not be recorded.
(b) The validity of a grand jury proceeding is not affected
by an unintentional failure to record all or part of the proceedings
as required by [questions propounded or testimony made under]
Subsection (a).
SECTION 4. Chapter 20, Code of Criminal Procedure, is
amended by adding Article 20.013 to read as follows:
Art. 20.013. WHO MAY BE INVESTIGATED. (a) Except as
provided by Subsection (b), a grand jury may not investigate a
person who is accused or suspected of an offense and may not vote to
present an indictment for the offense if the person has previously
been investigated by a grand jury for the same offense and that
grand jury found no bill of indictment.
(b) A grand jury may investigate, and may present an
indictment with respect to, a person described by Subsection (a)
only if the attorney representing the state presents material
evidence that was not known to the state before or during the
previous grand jury investigation.
SECTION 5. Article 20.03, Code of Criminal Procedure, is
amended to read as follows:
Art. 20.03. ATTORNEY [REPRESENTING STATE] ENTITLED TO
APPEAR. (a) In this chapter, "attorney ["The attorney]
representing the state [State]" means the attorney general
[Attorney General], district attorney, criminal district attorney,
or county attorney.
(b) The attorney representing the state [State,] is
entitled to go before the grand jury and inform the grand jurors
[them] of offenses liable to indictment at any time except when the
grand jury is:
(1) [they are] discussing the propriety of finding an
indictment; or
(2) voting on an indictment [upon the same].
(c) A witness who testifies before a grand jury, including a
witness who is an accused or suspected person, is entitled to have
an attorney present while the grand jury is questioning the
witness. The grand jury shall permit the attorney or the witness to
interrupt the questioning at any time so that the witness may
consult with the attorney outside the hearing of the grand jury.
SECTION 6. Chapter 20, Code of Criminal Procedure, is
amended by adding Article 20.035 to read as follows:
Art. 20.035. PRESENTATION OF EXCULPATORY EVIDENCE BY STATE.
(a) The attorney representing the state shall present to a grand
jury investigating an offense any evidence that is:
(1) favorable to the accused or suspected person;
(2) material to the offense being investigated; and
(3) in the possession, custody, or control of the
state or any person under contract with the state.
(b) Evidence described by Subsection (a) may be presented to
the grand jury at any time during the investigation.
SECTION 7. Article 20.17(c), Code of Criminal Procedure, is
amended to read as follows:
(c) If an accused or suspected person is subpoenaed to
appear before a grand jury prior to any questions before the grand
jury, the person accused or suspected shall be orally warned as
follows:
(1) "Your testimony before this grand jury is under
oath";
(2) "Any material question that is answered falsely
before this grand jury subjects you to being prosecuted for
aggravated perjury";
(3) "You have the right to refuse to make answers to
any question, the answer to which would incriminate you in any
manner";
(4) "During questioning, you ["You] have the right to
have an attorney [a lawyer] present [outside this chamber] to
advise you before making answers to questions you feel might
incriminate you";
(5) "Any testimony you give may be used against you at
any subsequent proceeding";
(6) "If you are unable to employ an attorney [a
lawyer], you have the right to have an attorney [a lawyer] appointed
to advise you before making an answer to a question, the answer to
which you feel might incriminate you."
SECTION 8. Article 20.18, Code of Criminal Procedure, is
amended to read as follows:
Art. 20.18. HOW WITNESS QUESTIONED. (a) A person who is
subpoenaed to appear as a witness before a grand jury shall be given
a reasonable opportunity to retain counsel and to consult with
counsel before the person's appearance.
(b) Before the grand jury may question the witness, a
witness appearing before a grand jury shall be orally given the
warnings described by Article 20.17(c), other than the warning
described by Article 20.17(c)(6).
(c) When a felony has been committed in any county within
the jurisdiction of the grand jury, and the name of the offender is
known or unknown or where it is uncertain when or how the felony was
committed, the grand jury shall first state to the witness called
the subject matter under investigation, then may ask pertinent
questions relative to the transaction in general terms and in such a
manner as to determine whether the witness [he] has knowledge of the
violation of any particular law by any person, and if so, by what
person.
SECTION 9. The changes in law made by this Act apply only to
a grand jury proceeding that begins on or after the effective date
of this Act. A grand jury proceeding that begins before the
effective date of this Act is governed by the law in effect on the
date the proceeding began, and the former law is continued in effect
for that purpose.
SECTION 10. This Act takes effect September 1, 2019.