89R3288 AJZ-D     By: Thompson H.B. No. 5566       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.  Subchapter A, Chapter 20A, Code of Criminal   Procedure, is amended by adding Article 20A.002 to read as follows:          Art. 20A.002.  WHO MAY BE INVESTIGATED. (a) Except as   provided by Subsection (b), a grand jury may not investigate a   person who is accused or suspected of an offense and may not vote to   present an indictment for the offense if the person has previously   been investigated by a grand jury for the same offense and that   grand jury found no bill of indictment.          (b)  A grand jury may investigate, and may present an   indictment with respect to, a person described by Subsection (a)   only if the attorney representing the state presents material   evidence that was not known to the state before or during the   previous grand jury investigation.          SECTION 2.  Subchapter C, Chapter 20A, Code of Criminal   Procedure, is amended by adding Article 20A.105 to read as follows:          Art. 20A.105.  PRESENTATION OF EXCULPATORY EVIDENCE BY   STATE. (a) The attorney representing the state shall present to a   grand jury investigating an offense any evidence that is:                (1)  favorable to the accused or suspected person;                (2)  material to the offense being investigated; and                (3)  in the possession, custody, or control of the   state or any person under contract with the state.          (b)  Evidence described by Subsection (a) may be presented to   the grand jury at any time during the investigation.          SECTION 3.  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 4.  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 5.  Subchapter E, Chapter 20A, Code of Criminal   Procedure, is amended by adding Article 20A.206 to read as follows:          Art. 20A.206.  CONFIDENTIALITY OF IDENTIFYING INFORMATION   OF VICTIMS AND WITNESSES.  Notwithstanding any other provision of   this subchapter, 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.          SECTION 6.  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 7.  This Act takes effect September 1, 2025.