By: Whitmire, et al. S.B. No. 1492
(Collier, Thompson of Harris)
A BILL TO BE ENTITLED
AN ACT
relating to grand jury proceedings and establishing a commission to
study improvements and alternatives to those proceedings.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 20.012, Code of Criminal Procedure, is
amended by amending Subsection (a) and adding Subsection (d) to
read as follows:
(a) Questions propounded by the grand jury or the attorney
representing the state to a fact witness or a person accused or
suspected and the testimony of that person to the grand jury shall
be recorded either by a stenographer or by use of an electronic
device capable of recording sound.
(d) For purposes of this article, "fact witness" means a
person who is testifying regarding the person's personal knowledge
of events relating to the case under investigation by the grand
jury. The term does not include a law enforcement officer who:
(1) is acting in the lawful discharge of the officer's
official duty;
(2) is assisting the attorney representing the state
by presenting evidence to the grand jury; and
(3) has no personal knowledge of events relating to
the case under investigation by the grand jury.
SECTION 2. Chapter 20, Code of Criminal Procedure, is
amended by adding Article 20.013 to read as follows:
Art. 20.013. CERTAIN INVESTIGATIONS AND VOTES BY GRAND JURY
PROHIBITED. (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, that grand jury voted on whether to present an
indictment, and fewer than nine grand jurors concurred in finding
the bill.
(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 to the grand
jury material evidence that was not known to the applicable
attorney representing the state before or during the previous grand
jury investigation.
SECTION 3. (a) In this section, "commission" means the
Texas Commission on Grand Juries.
(b) The commission is established to develop
recommendations for improvements to the grand jury system and
explore alternative procedures for establishing probable cause to
proceed to trial in a felony case.
(c) The commission is composed of 11 members, consisting of
the following:
(1) five members appointed by the governor;
(2) three members appointed by the lieutenant
governor; and
(3) three members appointed by the speaker of the
house of representatives.
(d) The members appointed by the governor must include:
(1) one member who is a district judge selected from a
list of 10 names submitted by the Texas Center for the Judiciary;
(2) one member who is a prosecuting attorney selected
from a list of 10 names submitted by the Texas District and County
Attorneys Association;
(3) one member who is a criminal defense attorney
selected from a list of 10 names submitted by the Texas Criminal
Defense Lawyers Association;
(4) one member who is a county judge or county
commissioner selected from a list of 10 names submitted by the Texas
Association of Counties; and
(5) one member who has served as the foreperson of a
grand jury in this state.
(e) The members appointed by the lieutenant governor and the
speaker of the house of representatives must each consist of three
members of the applicable legislative chamber.
(f) The governor shall designate the presiding officer of
the commission.
(g) A member of the commission is not entitled to
compensation or reimbursement of expenses.
(h) Not later than December 1, 2020, the commission shall
prepare and deliver to the governor and the legislature a report
that recommends:
(1) improvements to the grand jury system, including
the identification of any statutory changes necessary for that
purpose; and
(2) alternative procedures for establishing probable
cause to proceed to trial in a felony case.
(i) The commission is abolished January 12, 2021.
SECTION 4. 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 5. This Act takes effect September 1, 2019.