Grand Jury Bill Gives Discovery Only To People The State Notifies

The text as introduced · 2,141 words

89R8218 AJZ-F

By: Smithee
H.B. No. 3664

A BILL TO BE ENTITLED

AN ACT

relating to the training of prospective grand jurors and to grand

jury proceedings.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter C, Chapter 19A, Code of Criminal

Procedure, is amended by adding Article 19A.1021 to read as

follows:

Art. 19A.1021. TRAINING OF PROSPECTIVE GRAND JURORS

REQUIRED. Before a prospective grand juror may be accepted and

impaneled, each person who is presented to serve as a grand juror

must complete the training described by Section 72.0365, Government

Code.

SECTION 2. 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 3. 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 4. 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 5. 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 6. 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 7. 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.

(n) [ 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 8. 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. 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 9. Article 20A.258(b), Code of Criminal Procedure,

is amended to read as follows:

(b) The warnings required under Subsection (a)(1) must

consist of the following:

"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. 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. Any testimony you give may be used against you at any

subsequent proceeding. 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 10. Subchapter C, Chapter 72, Government Code, is

amended by adding Section 72.0365 to read as follows:

Sec. 72.0365. TRAINING COURSE FOR PROSPECTIVE GRAND JURORS.

(a) Before a prospective grand juror may be accepted and impaneled

under Chapter 19A, Code of Criminal Procedure, the prospective

grand juror shall complete a training course regarding grand jury

proceedings that is administered by the office.

(b) The training course required by Subsection (a):

(1) must include instruction regarding:

(A) the purpose and rules of grand jury service;

(B) the grand juror selection process; and

(C) grand jury procedures and deliberations; and

(2) may be offered online.

(c) The office shall adopt rules as necessary to implement

this section, including rules regarding the content of the training

course required by Subsection (a).

SECTION 11. As soon as practicable after the effective date

of this Act, the Office of Court Administration of the Texas

Judicial System shall adopt rules as required by Section 72.0365,

Government Code, as added by this Act.

SECTION 12. 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 13. This Act takes effect September 1, 2025.