87R8286 AJZ-F
By: Hinojosa H.B. No. 3421
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 20A.102(a), Code of Criminal Procedure,
is amended to read as follows:
(a) While the grand jury is conducting proceedings, only the
following persons may be present in the grand jury room:
(1) a grand juror;
(2) a bailiff;
(3) the attorney representing the state;
(4) an attorney representing the accused or suspected
person, if requested by the grand jury;
(5) a witness:
(A) while the witness is being examined; or
(B) when the witness's presence is necessary to
assist the attorney representing the state in examining another
witness or presenting evidence to the grand jury;
(6) [(5)] an interpreter, if necessary;
(7) [(6)] a stenographer or a person operating an
electronic recording device, as provided by Article 20A.201; and
(8) [(7)] a person operating a video teleconferencing
system for use under Article 20A.259.
SECTION 2. Article 20A.104, Code of Criminal Procedure, is
amended to read as follows:
Art. 20A.104. PERSONS WHO MAY ADDRESS GRAND JURY. No person
may address the grand jury about a matter before the grand jury
other than:
(1) the attorney representing the state;
(2) an attorney representing the accused or suspected
person, solely for the purpose of making a presentation and
answering questions, as provided by Article 20A.1031;
(3) [,]a witness; [,] or
(4) the accused or suspected person or an [the]
attorney representing [for] the accused or suspected person if
approved by the attorney representing the state.
SECTION 3. Subchapter C, Chapter 20A, Code of Criminal
Procedure, is amended by adding Article 20A.1031 to read as
follows:
Art. 20A.1031. ATTORNEY REPRESENTING ACCUSED OR SUSPECTED
PERSON ENTITLED TO APPEAR. (a) The grand jury may request that an
attorney representing an accused or suspected person appear before
the grand jury.
(b) On the request of the grand jury under Subsection (a),
an attorney representing an accused or suspected person is entitled
to appear before the grand jury solely for the purpose of making a
presentation on behalf of the accused or suspected person and
answering questions from the grand jurors.
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, 2021.