HBA-EDN H.B. 293 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 293
By: Thompson
Criminal Jurisprudence
4/17/2001
Introduced



BACKGROUND AND PURPOSE 

Currently, witnesses before a grand jury may consult with an attorney
during proceedings, but only outside the grand jury room.  Allowing such
consultations only outside the grand jury room may produce delays in
proceedings or require a witness to remember detailed and technical
questions and answers.  Several other states have adopted reforms which
allow attorneys to be present during grand jury proceedings for the purpose
of consultation.  House Bill 293 authorizes an attorney representing a
witness who is a target of a grand jury investigation to be present, for
the sole purpose of consultation, during grand jury proceedings. 

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. 

ANALYSIS

House Bill 293 amends the Code of Criminal Procedure to authorize an
attorney representing a witness who is a target of a grand jury
investigation to be present, for the sole purpose of consultation, while
the grand jury is conducting proceedings or questioning the witness.   The
bill requires the grand jury to permit the attorney or the witness to
interrupt the questioning at any time so that the attorney may advise the
witness outside the hearing of the grand jury.  The bill provides that an
attorney for a witness who divulges any matter about which the witness is
interrogated or any proceedings of the grand jury occurring in the
witness's presence is liable to a fine as for contempt of court and to
imprisonment. 

EFFECTIVE DATE

September 1, 2001.