By: Little, et al. H.B. No. 3362
A BILL TO BE ENTITLED
AN ACT
relating to grand jury proceedings; providing a punishment for
contempt of court.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Article 20A.201, Code of Criminal
Procedure, is amended to read as follows:
Art. 20A.201. RECORDING OF GRAND JURY PROCEEDINGS [ACCUSED
OR SUSPECTED PERSON'S TESTIMONY]; RETENTION OF RECORDS.
SECTION 2. Articles 20A.201(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 and the [The] examination and testimony of a witness [an
accused or suspected person before the grand jury and that person's
testimony] shall be recorded 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 [examination or testimony under] Subsection (a).
SECTION 3. Article 20A.205, Code of Criminal Procedure, is
amended to read as follows:
Art. 20A.205. DISCOVERY [PETITION FOR DISCLOSURE] BY OR ON
BEHALF OF ACCUSED OR SUSPECTED PERSON [DEFENDANT]. (a) Except as
otherwise provided by this article, if the state provides notice to
an accused or suspected person of the grand jury investigation, as
soon as practicable after receiving a request from an accused or
suspected person, the attorney representing the state shall produce
and permit the inspection and the electronic duplication, copying,
and photographing, by or on behalf of the accused or suspected
person, of any:
(1) offense reports, designated documents, or
designated papers arising from the alleged offense;
(2) designated written or recorded statements of the
accused or suspected person or a witness that arise from the alleged
offense, including witness statements of law enforcement officers;
and
(3) designated books, accounts, letters, photographs,
or objects or other tangible things that:
(A) are not otherwise privileged;
(B) constitute or contain evidence material to
any matter involved in the grand jury investigation; and
(C) are in the possession, custody, or control of
the state or any person under contract with the state.
(b) Subsection (a) does not authorize the removal of
documents, items, or information from the possession of the state,
and any inspection shall be in the presence of a representative of
the state.
(c) In the case of a pro se accused or suspected person, the
state shall permit the inspection or review of the document, item,
or information as provided by Subsection (a), but is not required to
allow electronic duplication as described by that subsection.
(d) The attorney representing the state may provide to an
accused or suspected person electronic duplicates of any document,
item, or information described by Subsection (a).
(e) Subsection (a) does not authorize the disclosure of:
(1) the work product of the attorney representing the
state in the investigation; or
(2) the work product of the state's investigators,
including an investigator's notes or reports.
(f) The rights granted to the accused or suspected person
under Subsection (a) do not extend to written communications
between the state and an agent, representative, or employee of the
state.
(g) If only a portion of the applicable document, item, or
information is subject to discovery under this article, the state
is not required to produce or permit the inspection of the remaining
portion that is not subject to discovery and may withhold or redact
that portion. The state shall inform the accused or suspected
person that a portion of the document, item, or information has been
withheld or redacted.
(h) The accused or suspected person, the attorney
representing the accused or suspected person, or an investigator,
expert, consulting legal counsel, or other agent of the attorney
representing the accused or suspected person may not disclose to a
third party any documents, evidence, materials, or witness
statements received under this article unless:
(1) a court orders the disclosure after notice and
hearing, on a showing of good cause and after considering the
security and privacy interests of any victim or witness; or
(2) the documents, evidence, materials, or witness
statements have already been publicly disclosed.
(i) Notwithstanding any other provision of this article,
information identifying any victim or witness, including the name
of a victim or witness and including the address, telephone number,
driver's license number, social security number, date of birth, or
bank account information or any other information that by reference
would make it possible to identify a victim or witness, is
confidential and may not be disclosed unless the disclosure is
ordered by the court under Subsection (h) or otherwise required by
Subsection (j).
(j) Notwithstanding any other provision of this article,
the state shall disclose to the accused or suspected person any
exculpatory, impeachment, or mitigating document, item, or
information that is in the possession, custody, or control of the
state or any person under contract with the state that tends to
negate the guilt of the accused or suspected person or would tend to
reduce the punishment for the offense being investigated.
(k) The state shall electronically record or otherwise
document any document, item, or other information provided to the
accused or suspected person under this article.
(l) Except as provided by Subsection (i), this article does
not prohibit the attorney representing the state from providing
discovery and documentation beyond that required by this article.
(m) This article applies only to discovery for a grand jury
investigation. This article does not limit an accused or suspected
person's right to discovery authorized by other law.
(o) [The defendant may petition a court to order the
disclosure of information made secret by Article 20A.202,
20A.203(a), or 20A.204, including a recording or typewritten
transcription under Article 20A.201, as a matter preliminary to or
in connection with a judicial proceeding. The court may order
disclosure of the information if the defendant shows a
particularized need.
[(b) A petition for disclosure under Subsection (a) must be
filed in the district court in which the case is pending. The
defendant must also file a copy of the petition with the attorney
representing the state, the parties to the judicial proceeding, and
any other person the court requires. Each person who receives a
copy of the petition under this subsection is entitled to appear
before the court. The court shall provide interested parties with
an opportunity to appear and present arguments for or against the
requested disclosure.
[(c)] A person who receives information under this article
and discloses that information in a manner not authorized by this
article may be punished for contempt in the same manner as a person
who violates Article 20A.203(a).
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, 2025.