Texas 2025 - 89th Regular

Texas House Bill HB3362 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Little~~, et al.~~ H.B. No. 3362
	1	+	By: Little H.B. No. 3362
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6	6		A BILL TO BE ENTITLED
7	7		AN ACT
8	8		relating to grand jury proceedings; providing a punishment for
9	9		contempt of court.
10	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11		SECTION 1. The heading to Article 20A.201, Code of Criminal
12	12		Procedure, is amended to read as follows:
13	13		Art. 20A.201. RECORDING OF GRAND JURY PROCEEDINGS [ACCUSED
14	14		OR SUSPECTED PERSON'S TESTIMONY]; RETENTION OF RECORDS.
15	15		SECTION 2. Articles 20A.201(a) and (b), Code of Criminal
16	16		Procedure, are amended to read as follows:
17	17		(a) Except as otherwise provided by this subsection, all
18	18		statements made by the grand jury or the attorney representing the
19	19		state and the [The] examination and testimony of a witness [an
20	20		accused or suspected person before the grand jury and that person's
21	21		testimony] shall be recorded by a stenographer or by use of an
22	22		electronic device capable of recording sound. Deliberations of the
23	23		grand jury may not be recorded.
24	24		(b) The validity of a grand jury proceeding is not affected
25	25		by an unintentional failure to record all or part of the proceedings
26	26		as required by [examination or testimony under] Subsection (a).
27	27		SECTION 3. Article 20A.205, Code of Criminal Procedure, is
28	28		amended to read as follows:
29	29		Art. 20A.205. DISCOVERY [PETITION FOR DISCLOSURE] BY OR ON
30	30		BEHALF OF ACCUSED OR SUSPECTED PERSON [DEFENDANT]. (a) Except as
31	31		otherwise provided by this article, if the state provides notice to
32	32		an accused or suspected person of the grand jury investigation, as
33	33		soon as practicable after receiving a request from an accused or
34	34		suspected person, the attorney representing the state shall produce
35	35		and permit the inspection and the electronic duplication, copying,
36	36		and photographing, by or on behalf of the accused or suspected
37	37		person, of any:
38	38		(1) offense reports, designated documents, or
39	39		designated papers arising from the alleged offense;
40	40		(2) designated written or recorded statements of the
41	41		accused or suspected person or a witness that arise from the alleged
42	42		offense, including witness statements of law enforcement officers;
43	43		and
44	44		(3) designated books, accounts, letters, photographs,
45	45		or objects or other tangible things that:
46	46		(A) are not otherwise privileged;
47	47		(B) constitute or contain evidence material to
48	48		any matter involved in the grand jury investigation; and
49	49		(C) are in the possession, custody, or control of
50	50		the state or any person under contract with the state.
51	51		(b) Subsection (a) does not authorize the removal of
52	52		documents, items, or information from the possession of the state,
53	53		and any inspection shall be in the presence of a representative of
54	54		the state.
55	55		(c) In the case of a pro se accused or suspected person, the
56	56		state shall permit the inspection or review of the document, item,
57	57		or information as provided by Subsection (a), but is not required to
58	58		allow electronic duplication as described by that subsection.
59	59		(d) The attorney representing the state may provide to an
60	60		accused or suspected person electronic duplicates of any document,
61	61		item, or information described by Subsection (a).
62	62		(e) Subsection (a) does not authorize the disclosure of:
63	63		(1) the work product of the attorney representing the
64	64		state in the investigation; or
65	65		(2) the work product of the state's investigators,
66	66		including an investigator's notes or reports.
67	67		(f) The rights granted to the accused or suspected person
68	68		under Subsection (a) do not extend to written communications
69	69		between the state and an agent, representative, or employee of the
70	70		state.
71	71		(g) If only a portion of the applicable document, item, or
72	72		information is subject to discovery under this article, the state
73	73		is not required to produce or permit the inspection of the remaining
74	74		portion that is not subject to discovery and may withhold or redact
75	75		that portion. The state shall inform the accused or suspected
76	76		person that a portion of the document, item, or information has been
77	77		withheld or redacted.
78	78		(h) The accused or suspected person, the attorney
79	79		representing the accused or suspected person, or an investigator,
80	80		expert, consulting legal counsel, or other agent of the attorney
81	81		representing the accused or suspected person may not disclose to a
82	82		third party any documents, evidence, materials, or witness
83	83		statements received under this article unless:
84	84		(1) a court orders the disclosure after notice and
85	85		hearing, on a showing of good cause and after considering the
86	86		security and privacy interests of any victim or witness; or
87	87		(2) the documents, evidence, materials, or witness
88	88		statements have already been publicly disclosed.
89	89		(i) Notwithstanding any other provision of this article,
90	90		information identifying any victim or witness, including the name
91	91		of a victim or witness and including the address, telephone number,
92	92		driver's license number, social security number, date of birth, or
93	93		bank account information or any other information that by reference
94	94		would make it possible to identify a victim or witness, is
95	95		confidential and may not be disclosed unless the disclosure is
96	96		ordered by the court under Subsection (h) or otherwise required by
97	97		Subsection (j).
98	98		(j) Notwithstanding any other provision of this article,
99	99		the state shall disclose to the accused or suspected person any
100	100		exculpatory, impeachment, or mitigating document, item, or
101	101		information that is in the possession, custody, or control of the
102	102		state or any person under contract with the state that tends to
103	103		negate the guilt of the accused or suspected person or would tend to
104	104		reduce the punishment for the offense being investigated.
105	105		(k) The state shall electronically record or otherwise
106	106		document any document, item, or other information provided to the
107	107		accused or suspected person under this article.
108	108		(l) Except as provided by Subsection (i), this article does
109	109		not prohibit the attorney representing the state from providing
110	110		discovery and documentation beyond that required by this article.
111	111		(m) This article applies only to discovery for a grand jury
112	112		investigation. This article does not limit an accused or suspected
113	113		person's right to discovery authorized by other law.
114	114		(o) [The defendant may petition a court to order the
115	115		disclosure of information made secret by Article 20A.202,
116	116		20A.203(a), or 20A.204, including a recording or typewritten
117	117		transcription under Article 20A.201, as a matter preliminary to or
118	118		in connection with a judicial proceeding. The court may order
119	119		disclosure of the information if the defendant shows a
120	120		particularized need.
121	121		[(b) A petition for disclosure under Subsection (a) must be
122	122		filed in the district court in which the case is pending. The
123	123		defendant must also file a copy of the petition with the attorney
124	124		representing the state, the parties to the judicial proceeding, and
125	125		any other person the court requires. Each person who receives a
126	126		copy of the petition under this subsection is entitled to appear
127	127		before the court. The court shall provide interested parties with
128	128		an opportunity to appear and present arguments for or against the
129	129		requested disclosure.
130	130		[(c)] A person who receives information under this article
131	131		and discloses that information in a manner not authorized by this
132	132		article may be punished for contempt in the same manner as a person
133	133		who violates Article 20A.203(a).
134	134		SECTION 4. The changes in law made by this Act apply only to
135	135		a grand jury proceeding that begins on or after the effective date
136	136		of this Act. A grand jury proceeding that begins before the
137	137		effective date of this Act is governed by the law in effect on the
138	138		date the proceeding began, and the former law is continued in effect
139	139		for that purpose.
140	140		SECTION 5. This Act takes effect September 1, 2025.