bill barring grand jury do-overs after a no bill

The text as introduced · 584 words

89R3288 AJZ-D

By: Thompson
H.B. No. 5566

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. 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. Subchapter C, Chapter 20A, Code of Criminal

Procedure, is amended by adding Article 20A.105 to read as follows:

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 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. Subchapter E, Chapter 20A, Code of Criminal

Procedure, is amended by adding Article 20A.206 to read as follows:

Art. 20A.206. CONFIDENTIALITY OF IDENTIFYING INFORMATION

OF VICTIMS AND WITNESSES. Notwithstanding any other provision of

this subchapter, 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.

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, 2025.