HBA-ATS H.B. 795 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 795 By: Dutton Criminal Jurisprudence 4/26/1999 Introduced BACKGROUND AND PURPOSE Texas law requires the proceedings of the grand jury in a criminal trial to be secret. Consequently, the law requires the court to administer an oath to the grand jurors requiring them to keep secret all the proceedings and the deliberations of the grand jury. Likewise, the court must administer an oath to the bailiffs appointed by the court and the district attorney to attend upon the grand jury requiring them to keep secret the proceedings of the grand jury. Similarly, the law requires the grand jury foreman to administer an oath to each witness before being interrogated requiring them to swear that they will keep secret all proceedings of the grand jury during their presence. Although the law mandates that all persons involved in grand jury deliberations swear to uphold their secrecy, the law fails to specify the period for which these persons must keep the deliberations a secret. H.B. 795 adds new language to the oath administered by the court to grand jurors to specify that grand jurors are to keep secret the proceedings and the deliberations of the grand jury during the grand jury's term. In addition, new language added to the oath taken by the bailiffs appointed to attend upon the grand specifies that the bailiffs are to keep secret the proceedings of the grand jury during its term. The oath administered to witnesses before their questioning specifies that they are to swear not to divulge during the term of the grand jury, any matter about which they have been questioned, and that they are to keep secret during the term of the grand jury all proceedings of the grand jury during their presence. The term of a grand jury includes any period during which the term has been extended under Article 19.07 (Extension Beyond Term of Period for Which Grand Jurors Shall Sit), Code of Criminal Procedure. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Article 19.34, Code of Criminal Procedure, as follows: (a) Creates this subsection from existing text and adds new language to the oath administered by the court to grand jurors. Specifies that grand jurors are to keep secret the proceedings and the deliberations of the grand jury during its term. (b) Establishes that for purposes of Article 19.34, the term of a grand jury includes any period during which the term has been extended under Article 19.07 (Extension Beyond Term of Period for Which Grand Jurors Shall Sit). SECTION 2. Amends Article 19.36, Code of Criminal Procedure, as follows: (a) Creates this subsection from existing text and makes a conforming change. (b) Makes a conforming change. SECTION 3. Amends Article 20.02, Code of Criminal Procedure, as follows: Art. 20.02. New Title: PROCEEDINGS SECRET DURING GRAND JURY TERM. (a) Makes a conforming change. (b) Makes a conforming change. (c) Establishes the period of time during which an attorney representing the state is authorized to disclose certain information as during or after the term of the grand jury. Requires an attorney to warn any person the attorney authorizes to receive information of the person's duty to maintain the secrecy of that information during the term of the grand jury before which the information was presented. Provides that any person who receives information and discloses it for purposes other than those permitted and at a time other than that permitted is subject to punishment for contempt. (f) Makes a conforming change. (g) Makes a conforming change. (h) Makes a conforming change. SECTION 4. Amends Article 20.16, Code of Criminal Procedure, as follows: (a) Creates this subsection from existing text and makes conforming changes. Makes a nonsubstantive change. (b) Makes a conforming change. SECTION 5.Effective date: September 1, 1999. Makes application of this Act prospective. SECTION 6.Emergency clause.