HB5564 - Relating to grand jury proceedings; providing a punishment for contempt of court.

  89R6360 TYPED     By: Thompson H.B. No. 5564       A BILL TO BE ENTITLED   AN ACT   relating to grand jury proceedings; providing a punishment for   contempt of court.          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.  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 3.  Subchapter C, Chapter 20A, Code of Criminal   Procedure, is amended by adding Articles 20A.1031 and 20A.105 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.           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 4.  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 5.  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 6.  Article 20A.202(b), Code of Criminal Procedure,   is amended to read as follows:          (b)  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 Article 20A.204(b), (c), or (d)   or 20A.205 [ 20A.205(a) or (b) ].          SECTION 7.  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 [ Article 20A.205(a) or (b) ].          SECTION 8.  Subchapter E, Chapter 20A, Code of Criminal   Procedure, is amended by adding Article 20A.2041 to read as   follows:           Art.   20A.2041.     DISCLOSURE BY ATTORNEY REPRESENTING   WITNESS. Except as provided by Article 20A.205, an attorney   representing a witness may not disclose anything transpiring before   the grand jury. An attorney who discloses information in violation   of this article is subject to punishment for contempt in the same   manner as a person who violates Article 20A.203(a).          SECTION 9.  Article 20A.205, Code of Criminal Procedure, is   amended to read as follows:          Art. 20A.205.   DISCOVERY [ PETITION FOR DISCLOSURE ] BY OR ON   BEHALF OF ACCUSED OR SUSPECTED PERSON [ DEFENDANT ]. (a) Except as   otherwise provided by this article, if the state provides notice to   an 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 an   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 an 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)     Th [Text truncated for display. 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