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A BILL TO BE ENTITLED
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AN ACT
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relating to the secrecy of grand jury proceedings. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 19.34, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 19.34. OATH OF GRAND JURORS. (a) When the grand jury |
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is completed, the court shall appoint one of the number foreman; and |
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the following oath shall be administered by the court, or under its |
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direction, to the jurors: "You solemnly swear that you will |
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diligently inquire into, and true presentment make, of all such |
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matters and things as shall be given you in charge; the State's |
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counsel, your fellows and your own, you shall keep secret during the |
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term of the grand jury, unless required to disclose the same in the |
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course of a judicial proceeding in which the truth or falsity of |
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evidence given in the grand jury room, in a criminal case, shall be |
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under investigation. You shall present no person from envy, hatred |
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or malice; neither shall you leave any person unpresented for love, |
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fear, favor, affection or hope of reward; but you shall present |
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things truly as they come to your knowledge, according to the best |
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of your understanding, so help you God". |
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(b) In this article, the term of a grand jury includes any |
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period during which the term of the grand jury has been extended |
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under Article 19.07. |
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SECTION 2. Article 19.36, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 19.36. BAILIFFS APPOINTED. (a) The court and the |
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district attorney may each appoint one or more bailiffs to attend |
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upon the grand jury, and at the time of appointment, the following |
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oath shall be administered to each of them by the court, or under |
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its direction: "You solemnly swear that you will faithfully and |
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impartially perform all the duties of bailiff of the grand jury, and |
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that during the term of the grand jury you will keep secret the |
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proceedings of the grand jury, so help you God". Such bailiffs |
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shall be compensated in a sum to be set by the commissioners court |
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of said county. |
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(b) In this article, the term of a grand jury includes any |
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period during which the term of the grand jury has been extended |
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under Article 19.07. |
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SECTION 3. Article 20.02, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 20.02. PROCEEDINGS SECRET DURING GRAND JURY TERM. (a) |
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The proceedings of the grand jury shall be secret during the term of |
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the grand jury. |
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(b) A grand juror, bailiff, interpreter, stenographer or |
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person operating an electronic recording device, or person |
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preparing a typewritten transcription of a stenographic or |
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electronic recording who during the term of the grand jury |
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discloses anything transpiring before the grand jury, regardless of |
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whether the thing transpiring is recorded, in the course of the |
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official duties of the grand jury shall be liable to a fine as for |
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contempt of the court, not exceeding five hundred dollars, |
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imprisonment not exceeding thirty days, or both such fine and |
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imprisonment. |
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(c) A disclosure of a record made under Article 20.012, a |
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disclosure of a typewritten transcription of that record, or a |
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disclosure otherwise prohibited by Subsection (b) or Article 20.16 |
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may be made by the attorney representing the state, during or after |
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the term of the grand jury, in performing the attorney's duties to a |
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grand juror serving on the grand jury before whom the record was |
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made, another grand jury, a law enforcement agency, or a |
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prosecuting attorney, as permitted by the attorney representing the |
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state and determined by the attorney as necessary to assist the |
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attorney in the performance of the attorney's duties. The attorney |
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representing the state shall warn any person the attorney |
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authorizes to receive information under this subsection of the |
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person's duty to maintain the secrecy of the information during the |
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term of the grand jury before which the information was presented. |
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Any person who receives information under this subsection and |
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discloses the information for purposes other than those permitted |
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by this subsection and at a time other than that permitted by this |
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subsection is subject to punishment for contempt in the same manner |
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as persons who violate Subsection (b). |
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(d) The defendant may petition a court to order the |
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disclosure of information otherwise made secret by this article or |
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the disclosure of a recording or typewritten transcription under |
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Article 20.012 as a matter preliminary to or in connection with a |
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judicial proceeding. The court may order disclosure of the |
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information, recording, or transcription on a showing by the |
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defendant of a particularized need. |
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(e) A petition for disclosure under Subsection (d) must be |
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filed in the district court in which the case is pending. The |
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defendant must also file a copy of the petition with the attorney |
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representing the state, the parties to the judicial proceeding, and |
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any other persons required by the court to receive a copy of the |
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petition. All persons receiving a petition under this subsection |
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are entitled to appear before the court. The court shall provide |
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interested parties with an opportunity to appear and present |
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arguments for the continuation of or end to the requirement of |
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secrecy. |
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(f) A person who receives information under Subsection (d) |
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or (e) and during the term of the grand jury before which the |
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information was presented discloses that information is subject to |
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punishment for contempt in the same manner as a person who violates |
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Subsection (b). |
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(g) The attorney representing the state may not disclose |
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anything transpiring before the grand jury during the term of the |
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grand jury except as permitted by Subsections (c), (d), and (e). |
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(h) In this article, the term of a grand jury includes any |
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period during which the term of the grand jury is extended under |
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Article 19.07. |
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SECTION 4. Article 20.16, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 20.16. OATHS TO WITNESSES. (a) The following oath |
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shall be administered by the foreman, or under his direction, to |
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each witness before being interrogated: "You solemnly swear that |
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you will not divulge during the term of the grand jury, either by |
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words or signs, any matter about which you may be interrogated, and |
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that you will keep secret during the term of the grand jury all |
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proceedings of the grand jury which may be had in your presence, and |
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that you will true answers make to such questions as may be |
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propounded to you by the grand jury, or under its direction, so help |
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you God." Any witness who during the term of the grand jury divulges |
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any matter about which he is interrogated [,] or any proceedings of |
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the grand jury had in his presence, other than when required to give |
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evidence thereof in due course, shall be liable to a fine as for |
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contempt of court, not exceeding $500, and to imprisonment not |
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exceeding six months. |
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(b) In this article, the term of a grand jury includes any |
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period during which the term of the grand jury is extended under |
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Article 19.07. |
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SECTION 5. This Act applies only to a grand jury for which |
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the term of the grand jury commences on or after the effective date |
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of this Act. |
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SECTION 6. This Act takes effect September 1, 2007. |