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.