85R6754 AJZ-D     By: Buckingham S.B. No. 1424       A BILL TO BE ENTITLED   AN ACT   relating to grand jury proceedings; providing a penalty for   contempt of court.          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, including a   witness who is an accused or suspected person, during the time the   witness is being examined or offering testimony to the grand jury   and for the sole purpose of providing consultation in the manner   described by Article 20.03(c).          SECTION 2.  The heading to Article 20.012, Code of Criminal   Procedure, is amended to read as follows:          Art. 20.012.  RECORDING OF GRAND JURY PROCEEDINGS [CERTAIN   TESTIMONY].          SECTION 3.  Articles 20.012(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, all questions [Questions] propounded by the grand jury or   the attorney representing the state to a witness, [person accused   or suspected] and all [the] testimony of a witness [that person] to   the grand jury shall be recorded either 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 [questions propounded or testimony made under]   Subsection (a).          SECTION 4.  Chapter 20, Code of Criminal Procedure, is   amended by adding Article 20.013 to read as follows:          Art. 20.013.  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 5.  Article 20.02, Code of Criminal Procedure, is   amended by amending Subsections (f), (g), and (h) and adding   Subsection (i) to read as follows:          (f)  A person who receives information under Article 20.036   [Subsection (d) or (e)] and discloses that information in a manner   not authorized by that article is subject to punishment for   contempt in the same manner as a person who violates Subsection (b).          (g)  The attorney representing the state may not disclose   anything transpiring before the grand jury except as:                (1)  permitted by Subsection [Subsections] (c); or                (2)  provided by Article 20.036[, (d), and (e)].          (h)  A subpoena or summons relating to a grand jury   proceeding or investigation must be kept secret to the extent and   for as long as necessary to prevent the unauthorized disclosure of a   matter before the grand jury.  This subsection may not be construed   to limit a disclosure permitted by Subsection (c) or provided by   Article 20.036 [, (d), or (e)].          (i)  Except as provided by Article 20.036, 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 6.   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)  A witness who testifies before a grand jury, including a   witness who is an accused or suspected person, is entitled to have   an attorney present 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 7.  Chapter 20, Code of Criminal Procedure, is   amended by adding Articles 20.035 and 20.036 to read as follows:          Art. 20.035.  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.          Art. 20.036.  DISCOVERY. (a)  Except as otherwise provided   by this article, if the state provides notice to the 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 any   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 the 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)  A court may order the accused or suspected person to pay   costs related to discovery under this article, not to exceed the   amounts authorized to be charged by Subchapter F, Chapter 552,   Government Code, for providing public information.          (m)  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.          (n)  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.          SECTION 8.  Article 20.17(c), Code of Criminal Procedure, is   amended to read as follows:          (c)  If an accused or suspected person is subpoenaed to   appear before a grand jury prior to any questions before the grand   jury, the person accused or suspected shall be orally warned as   follows:                (1)  "Your testimony before this grand jury is under   oath";                (2)  "Any material question that is answered falsely   before this grand jury subjects you to being prosecuted for   aggravated perjury";                (3)  "You have the right to refuse to make answers to   any question, the answer to which would incriminate you in any   manner";                (4)  "During questioning, you ["You] have the right to   have an attorney [a lawyer] present [outside this chamber] to   advise you before making answers to questions you feel might   incriminate you";                (5)  "Any testimony you give may be used against you at   any subsequent proceeding";                (6)  "If you are unable to employ an attorney [a   lawyer], you have the right to have an attorney [a lawyer] appointed   to advise you before making an answer to a question, the answer to   which you feel might incriminate you."          SECTION 9.  Article 20.18, Code of Criminal Procedure, is   amended to read as follows:          Art. 20.18.  HOW WITNESS QUESTIONED. (a)  A person who is   subpoenaed to appear as a witness before a grand jury shall be given   a reasonable opportunity to retain counsel and to consult with   counsel before the person's appearance.          (b)  Before the grand jury may question the witness, a   witness appearing before a grand jury shall be orally given the   warnings described by Article 20.17(c), other than the warning   described by Article 20.17(c)(6).          (c)  When a felony has been committed in any county within   the jurisdiction of the grand jury, and the name of the offender is   known or unknown or where it is uncertain when or how the felony was   committed, the grand jury shall first state to the witness called   the subject matter under investigation, then may ask pertinent   questions relative to the transaction in general terms and in such a   manner as to determine whether the witness [he] has knowledge of the   violation of any particular law by any person, and if so, by what   person.          SECTION 10.  Articles 20.02(d) and (e), Code of Criminal   Procedure, are repealed.          SECTION 11.  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 12.   This Act takes effect September 1, 2017.