Texas 2025 - 89th Regular

Texas Senate Bill SB1630 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R8218 AJZ-F
2	2	By: Flores S.B. No. 1630
3	3
4	4
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the training of prospective grand jurors and to grand
10	10	jury proceedings.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subchapter C, Chapter 19A, Code of Criminal
13	13	Procedure, is amended by adding Article 19A.1021 to read as
14	14	follows:
15	15	Art. 19A.1021. TRAINING OF PROSPECTIVE GRAND JURORS
16	16	REQUIRED. Before a prospective grand juror may be accepted and
17	17	impaneled, each person who is presented to serve as a grand juror
18	18	must complete the training described by Section 72.0365, Government
19	19	Code.
20	20	SECTION 2. Subchapter A, Chapter 20A, Code of Criminal
21	21	Procedure, is amended by adding Article 20A.002 to read as follows:
22	22	Art. 20A.002. WHO MAY BE INVESTIGATED. (a) Except as
23	23	provided by Subsection (b), a grand jury may not investigate a
24	24	person who is accused or suspected of an offense and may not vote to
25	25	present an indictment for the offense if the person has previously
26	26	been investigated by a grand jury for the same offense and that
27	27	grand jury found no bill of indictment.
28	28	(b) A grand jury may investigate, and may present an
29	29	indictment with respect to, a person described by Subsection (a)
30	30	only if the attorney representing the state presents material
31	31	evidence that was not known to the state before or during the
32	32	previous grand jury investigation.
33	33	SECTION 3. The heading to Article 20A.201, Code of Criminal
34	34	Procedure, is amended to read as follows:
35	35	Art. 20A.201. RECORDING OF GRAND JURY PROCEEDINGS [ACCUSED
36	36	OR SUSPECTED PERSON'S TESTIMONY]; RETENTION OF RECORDS.
37	37	SECTION 4. Articles 20A.201(a) and (b), Code of Criminal
38	38	Procedure, are amended to read as follows:
39	39	(a) Except as otherwise provided by this subsection, all
40	40	statements made by the grand jury or the attorney representing the
41	41	state and the [The] examination and testimony of a witness [an
42	42	accused or suspected person before the grand jury and that person's
43	43	testimony] shall be recorded by a stenographer or by use of an
44	44	electronic device capable of recording sound. Deliberations of the
45	45	grand jury may not be recorded.
46	46	(b) The validity of a grand jury proceeding is not affected
47	47	by an unintentional failure to record all or part of the proceedings
48	48	as required by [examination or testimony under] Subsection (a).
49	49	SECTION 5. Article 20A.202(b), Code of Criminal Procedure,
50	50	is amended to read as follows:
51	51	(b) A subpoena or summons relating to a grand jury
52	52	proceeding or investigation must be kept secret to the extent and
53	53	for as long as necessary to prevent the unauthorized disclosure of a
54	54	matter before the grand jury. This subsection may not be construed
55	55	to limit a disclosure permitted by Article 20A.204(b), (c), or (d)
56	56	or 20A.205 [20A.205(a) or (b)].
57	57	SECTION 6. Article 20A.204(a), Code of Criminal Procedure,
58	58	is amended to read as follows:
59	59	(a) The attorney representing the state may not disclose
60	60	anything transpiring before the grand jury except as permitted by
61	61	this article or Article 20A.205 [Article 20A.205(a) or (b)].
62	62	SECTION 7. Article 20A.205, Code of Criminal Procedure, is
63	63	amended to read as follows:
64	64	Art. 20A.205. DISCOVERY [PETITION FOR DISCLOSURE] BY OR ON
65	65	BEHALF OF ACCUSED OR SUSPECTED PERSON [DEFENDANT]. (a) Except as
66	66	otherwise provided by this article, if the state provides notice to
67	67	an accused or suspected person of the grand jury investigation, as
68	68	soon as practicable after receiving a request from an accused or
69	69	suspected person, the attorney representing the state shall produce
70	70	and permit the inspection and the electronic duplication, copying,
71	71	and photographing, by or on behalf of the accused or suspected
72	72	person, of any:
73	73	(1) offense reports, designated documents, or
74	74	designated papers arising from the alleged offense;
75	75	(2) designated written or recorded statements of the
76	76	accused or suspected person or a witness that arise from the alleged
77	77	offense, including witness statements of law enforcement officers;
78	78	and
79	79	(3) designated books, accounts, letters, photographs,
80	80	or objects or other tangible things that:
81	81	(A) are not otherwise privileged;
82	82	(B) constitute or contain evidence material to
83	83	any matter involved in the grand jury investigation; and
84	84	(C) are in the possession, custody, or control of
85	85	the state or any person under contract with the state.
86	86	(b) Subsection (a) does not authorize the removal of
87	87	documents, items, or information from the possession of the state,
88	88	and any inspection shall be in the presence of a representative of
89	89	the state.
90	90	(c) In the case of a pro se accused or suspected person, the
91	91	state shall permit the inspection or review of the document, item,
92	92	or information as provided by Subsection (a), but is not required to
93	93	allow electronic duplication as described by that subsection.
94	94	(d) The attorney representing the state may provide to an
95	95	accused or suspected person electronic duplicates of any document,
96	96	item, or information described by Subsection (a).
97	97	(e) Subsection (a) does not authorize the disclosure of:
98	98	(1) the work product of the attorney representing the
99	99	state in the investigation; or
100	100	(2) the work product of the state's investigators,
101	101	including an investigator's notes or reports.
102	102	(f) The rights granted to the accused or suspected person
103	103	under Subsection (a) do not extend to written communications
104	104	between the state and an agent, representative, or employee of the
105	105	state.
106	106	(g) If only a portion of the applicable document, item, or
107	107	information is subject to discovery under this article, the state
108	108	is not required to produce or permit the inspection of the remaining
109	109	portion that is not subject to discovery and may withhold or redact
110	110	that portion. The state shall inform the accused or suspected
111	111	person that a portion of the document, item, or information has been
112	112	withheld or redacted.
113	113	(h) The accused or suspected person, the attorney
114	114	representing the accused or suspected person, or an investigator,
115	115	expert, consulting legal counsel, or other agent of the attorney
116	116	representing the accused or suspected person may not disclose to a
117	117	third party any documents, evidence, materials, or witness
118	118	statements received under this article unless:
119	119	(1) a court orders the disclosure after notice and
120	120	hearing, on a showing of good cause and after considering the
121	121	security and privacy interests of any victim or witness; or
122	122	(2) the documents, evidence, materials, or witness
123	123	statements have already been publicly disclosed.
124	124	(i) Notwithstanding any other provision of this article,
125	125	information identifying any victim or witness, including the name
126	126	of a victim or witness and including the address, telephone number,
127	127	driver's license number, social security number, date of birth, or
128	128	bank account information or any other information that by reference
129	129	would make it possible to identify a victim or witness, is
130	130	confidential and may not be disclosed unless the disclosure is
131	131	ordered by the court under Subsection (h) or otherwise required by
132	132	Subsection (j).
133	133	(j) Notwithstanding any other provision of this article,
134	134	the state shall disclose to the accused or suspected person any
135	135	exculpatory, impeachment, or mitigating document, item, or
136	136	information that is in the possession, custody, or control of the
137	137	state or any person under contract with the state that tends to
138	138	negate the guilt of the accused or suspected person or would tend to
139	139	reduce the punishment for the offense being investigated.
140	140	(k) The state shall electronically record or otherwise
141	141	document any document, item, or other information provided to the
142	142	accused or suspected person under this article.
143	143	(l) Except as provided by Subsection (i), this article does
144	144	not prohibit the attorney representing the state from providing
145	145	discovery and documentation beyond that required by this article.
146	146	(m) This article applies only to discovery for a grand jury
147	147	investigation. This article does not limit an accused or suspected
148	148	person's right to discovery authorized by other law.
149	149	(n) [The defendant may petition a court to order the
150	150	disclosure of information made secret by Article 20A.202,
151	151	20A.203(a), or 20A.204, including a recording or typewritten
152	152	transcription under Article 20A.201, as a matter preliminary to or
153	153	in connection with a judicial proceeding. The court may order
154	154	disclosure of the information if the defendant shows a
155	155	particularized need.
156	156	[(b) A petition for disclosure under Subsection (a) must be
157	157	filed in the district court in which the case is pending. The
158	158	defendant must also file a copy of the petition with the attorney
159	159	representing the state, the parties to the judicial proceeding, and
160	160	any other person the court requires. Each person who receives a
161	161	copy of the petition under this subsection is entitled to appear
162	162	before the court. The court shall provide interested parties with
163	163	an opportunity to appear and present arguments for or against the
164	164	requested disclosure.
165	165	[(c)] A person who receives information under this article
166	166	and discloses that information in a manner not authorized by this
167	167	article may be punished for contempt in the same manner as a person
168	168	who violates Article 20A.203(a).
169	169	SECTION 8. Article 20A.257, Code of Criminal Procedure, is
170	170	amended to read as follows:
171	171	Art. 20A.257. EXAMINATION OF WITNESSES. (a) A person who
172	172	is subpoenaed to appear as a witness before a grand jury shall be
173	173	given a reasonable opportunity to retain counsel and to consult
174	174	with counsel before the person's appearance.
175	175	(b) Only a grand juror or the attorney representing the
176	176	state may examine a witness before the grand jury.
177	177	(c) [(b)] The attorney representing the state shall advise
178	178	the grand jury regarding the proper mode of examining a witness.
179	179	(d) Before the grand jury may question the witness, a
180	180	witness appearing before a grand jury shall be orally given the
181	181	following warning:
182	182	"Your testimony before this grand jury is under oath. Any
183	183	material question that is answered falsely before this grand jury
184	184	subjects you to being prosecuted for aggravated perjury. You have
185	185	the right to refuse to make answers to any question, the answer to
186	186	which would incriminate you in any manner. Any testimony you give
187	187	may be used against you at any subsequent proceeding."
188	188	(e) [(c)] If a felony has been committed in any county in
189	189	the grand jury's jurisdiction, and the name of the offender is known
190	190	or unknown or if it is uncertain when or how the felony was
191	191	committed, the grand jury shall first state the subject matter
192	192	under investigation to a witness called before the grand jury and
193	193	may then ask questions relevant to the transaction in general terms
194	194	and in a manner that enables a determination as to whether the
195	195	witness has knowledge of the violation of any particular law by any
196	196	person, and if so, by what person.
197	197	SECTION 9. Article 20A.258(b), Code of Criminal Procedure,
198	198	is amended to read as follows:
199	199	(b) The warnings required under Subsection (a)(1) must
200	200	consist of the following:
201	201	"Your testimony before this grand jury is under oath. Any
202	202	material question that is answered falsely before this grand jury
203	203	subjects you to being prosecuted for aggravated perjury. You have
204	204	the right to refuse to make answers to any question, the answer to
205	205	which would incriminate you in any manner. You have the right to
206	206	have an attorney [a lawyer] present outside this chamber to advise
207	207	you before making answers to questions you feel might incriminate
208	208	you. Any testimony you give may be used against you at any
209	209	subsequent proceeding. If you are unable to employ an attorney [a
210	210	lawyer], you have the right to have an attorney [a lawyer] appointed
211	211	to advise you before making an answer to a question, the answer to
212	212	which you feel might incriminate you."
213	213	SECTION 10. Subchapter C, Chapter 72, Government Code, is
214	214	amended by adding Section 72.0365 to read as follows:
215	215	Sec. 72.0365. TRAINING COURSE FOR PROSPECTIVE GRAND JURORS.
216	216	(a) Before a prospective grand juror may be accepted and impaneled
217	217	under Chapter 19A, Code of Criminal Procedure, the prospective
218	218	grand juror shall complete a training course regarding grand jury
219	219	proceedings that is administered by the office.
220	220	(b) The training course required by Subsection (a):
221	221	(1) must include instruction regarding:
222	222	(A) the purpose and rules of grand jury service;
223	223	(B) the grand juror selection process; and
224	224	(C) grand jury procedures and deliberations; and
225	225	(2) may be offered online.
226	226	(c) The office shall adopt rules as necessary to implement
227	227	this section, including rules regarding the content of the training
228	228	course required by Subsection (a).
229	229	SECTION 11. As soon as practicable after the effective date
230	230	of this Act, the Office of Court Administration of the Texas
231	231	Judicial System shall adopt rules as required by Section 72.0365,
232	232	Government Code, as added by this Act.
233	233	SECTION 12. The changes in law made by this Act apply only
234	234	to a grand jury proceeding that begins on or after the effective
235	235	date of this Act. A grand jury proceeding that begins before the
236	236	effective date of this Act is governed by the law in effect on the
237	237	date the proceeding began, and the former law is continued in effect
238	238	for that purpose.
239	239	SECTION 13. This Act takes effect September 1, 2025.