Bill Text: TX HB392 | 2017 | 85th Legislature 1st Special Session | Introduced


Bill Title: Relating to grand jury proceedings; providing a criminal penalty.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2017-08-09 - Filed [HB392 Detail]

Download: Texas-2017-HB392-Introduced.html
  85S12600 SMT-D
 
  By: Reynolds H.B. No. 392
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to grand jury proceedings; providing a criminal penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Article 20.011(a), Code of Criminal Procedure,
  is amended to read as follows:
         (a)  Only the following persons may be present in a grand
  jury room while the grand jury is conducting proceedings:
               (1)  grand jurors;
               (2)  bailiffs;
               (3)  the attorney representing the state;
               (4)  witnesses while being examined or when necessary
  to assist the attorney representing the state in examining other
  witnesses or presenting evidence to the grand jury;
               (5)  interpreters, if necessary;
               (6)  a stenographer or person operating an electronic
  recording device, as provided by Article 20.012; [and]
               (7)  a person operating a video teleconferencing system
  for use under Article 20.151; and
               (8)  an attorney representing a witness who is a target
  of a grand jury investigation, for the sole purpose of consultation
  in the manner described by Article 20.03(c).
         SECTION 2.  Article 20.02, Code of Criminal Procedure, is
  amended by adding Subsection (i) to read as follows:
         (i)  An attorney representing a witness may not disclose
  anything transpiring before the grand jury. An attorney who
  discloses information in violation of this subsection is subject to
  punishment for contempt in the same manner as a person who violates
  Subsection (b).
         SECTION 3.  Article 20.03, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 20.03.  ATTORNEY [REPRESENTING STATE] ENTITLED TO
  APPEAR. (a)  In this chapter, "attorney ["The attorney]
  representing the state" [State"] means the attorney general 
  [Attorney General], district attorney, criminal district attorney,
  or county attorney.
         (b)  The attorney representing the state [State,] is
  entitled to go before the grand jury and inform the grand jurors 
  [them] of offenses liable to indictment at any time except when the
  grand jury is:
               (1)  [they are] discussing the propriety of finding an
  indictment; or
               (2)  voting on an indictment [upon the same].
         (c)  An attorney representing a witness who is a target of a
  grand jury investigation may be present in the grand jury room while
  the grand jury is questioning the witness. The grand jury shall
  permit the attorney or the witness to interrupt the questioning at
  any time so that the witness may consult with the attorney outside
  the hearing of the grand jury.
         SECTION 4.  The change in law made by this Act applies 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 December 1, 2017.
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