87R3295 AJZ-D     By: Reynolds H.B. No. 713       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.  Article 20A.102(a), Code of Criminal Procedure,   is amended to read as follows:          (a)  While the grand jury is conducting proceedings, only the   following persons may be present in the grand jury room:                (1)  a grand juror;                (2)  a bailiff;                (3)  the attorney representing the state;                (4)  a witness:                      (A)  while the witness is being examined; or                      (B)  when the witness's presence is necessary to   assist the attorney representing the state in examining another   witness or presenting evidence to the grand jury;                (5)  an interpreter, if necessary;                (6)  a stenographer or a person operating an electronic   recording device, as provided by Article 20A.201; [and]                (7)  a person operating a video teleconferencing system   for use under Article 20A.259; 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 20A.1031.          SECTION 2.  Subchapter C, Chapter 20A, Code of Criminal   Procedure, is amended by adding Article 20A.1031 to read as   follows:          Art. 20A.1031.  ATTORNEY REPRESENTING WITNESS ENTITLED TO   APPEAR. 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 3.  Article 20A.204(a), Code of Criminal Procedure,   is amended to read as follows:          (a)  The attorney representing the state may not disclose   anything transpiring before the grand jury except as permitted by   this article, [or] Article 20A.205(a) or (b), or Article 39.14(h).          SECTION 4.  Article 20A.257, Code of Criminal Procedure, is   amended to read as follows:          Art. 20A.257.  EXAMINATION OF WITNESSES. (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)  Only a grand juror or the attorney representing the   state may examine a witness before the grand jury.          (c) [(b)]  The attorney representing the state shall advise   the grand jury regarding the proper mode of examining a witness.          (d)  Before the grand jury may question the witness, a   witness appearing before a grand jury shall be orally given the   following warning:          "Your testimony before this grand jury is under oath. Any   material question that is answered falsely before this grand jury   subjects you to being prosecuted for aggravated perjury. You have   the right to refuse to make answers to any question, the answer to   which would incriminate you in any manner. During questioning, you   have the right to have an attorney present to advise you before   making answers to questions you feel might incriminate you. Any   testimony you give may be used against you at any subsequent   proceeding."          (e) [(c)]  If a felony has been committed in any county in   the grand jury's jurisdiction, and the name of the offender is known   or unknown or if it is uncertain when or how the felony was   committed, the grand jury shall first state the subject matter   under investigation to a witness called before the grand jury and   may then ask questions relevant to the transaction in general terms   and in a manner that enables a determination as to whether the   witness has knowledge of the violation of any particular law by any   person, and if so, by what person.          SECTION 5.  Article 39.14(h), Code of Criminal Procedure, is   amended to read as follows:          (h)  Notwithstanding any other provision of this article,   the state shall disclose to the defendant any exculpatory,   impeachment, or mitigating document, item, or information in the   possession, custody, or control of the state that tends to negate   the guilt of the defendant or would tend to reduce the punishment   for the offense charged, including any exculpatory, impeachment, or   mitigating document, item, or information that was obtained as a   result of a grand jury proceeding.          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, 2021.