Little Grand Jury Bill Ties Evidence Access To State Notice

The text as introduced · 1,220 words

By: Little
H.B. No. 3362

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. 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 2. 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 3. 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) 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) 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.

(m) 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.

(o) [ The defendant may petition a court to order the

disclosure of information made secret by Article 20A.202,

20A.203(a), or 20A.204, including a recording or typewritten

transcription under Article 20A.201, as a matter preliminary to or

in connection with a judicial proceeding. The court may order

disclosure of the information if the defendant shows a

particularized need.

[ (b) A petition for disclosure under Subsection (a) must be

filed in the district court in which the case is pending. The

defendant must also file a copy of the petition with the attorney

representing the state, the parties to the judicial proceeding, and

any other person the court requires. Each person who receives a

copy of the petition under this subsection is entitled to appear

before the court. The court shall provide interested parties with

an opportunity to appear and present arguments for or against the

requested disclosure.

[ (c) ] A person who receives information under this article

and discloses that information in a manner not authorized by this

article may be punished for contempt in the same manner as a person

who violates Article 20A.203(a).

SECTION 4. 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 5. This Act takes effect September 1, 2025.