CHAPTER 20. DUTIES AND POWERS OF THE GRAND JURY - Texas Statutes

CODE OF CRIMINAL PROCEDURE

TITLE 1. CODE OF CRIMINAL PROCEDURE

CHAPTER 20. DUTIES AND POWERS OF THE GRAND JURY

Art. 20.01. GRAND JURY ROOM. After the grand jury is organized

they shall proceed to the discharge of their duties in a suitable

place which the sheriff shall prepare for their sessions.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 20.011. WHO MAY BE PRESENT IN GRAND JURY ROOM. (a) Only the

following persons may be present in a grand jury room while the

grand jury is conducting proceedings:

(1) grand jurors;

(2) bailiffs;

(3) the attorney representing the state;

(4) witnesses while being examined or when necessary to assist

the attorney representing the state in examining other witnesses

or presenting evidence to the grand jury;

(5) interpreters, if necessary; and

(6) a stenographer or person operating an electronic recording

device, as provided by Article 20.012.

(b) Only a grand juror may be in a grand jury room while the

grand jury is deliberating.

Added by Acts 1995, 74th Leg., ch. 1011, Sec. 1, eff. Sept. 1,

1995.

Art. 20.012. RECORDING OF CERTAIN TESTIMONY. (a) Questions

propounded by the grand jury or the attorney representing the

state to a person accused or suspected and the testimony of that

person to the grand jury shall be recorded either by a

stenographer or by use of an electronic device capable of

recording sound.

(b) The validity of a grand jury proceeding is not affected by an

unintentional failure to record all or part of questions

propounded or testimony made under Subsection (a).

(c) The attorney representing the state shall maintain possession

of all records other than stenographer's notes made under this

article and any typewritten transcription of those records,

except as provided by Article 20.02.

Added by Acts 1995, 74th Leg., ch. 1011, Sec. 1, eff. Sept. 1,

1995.

Art. 20.02. PROCEEDINGS SECRET. (a) The proceedings of the grand

jury shall be secret.

(b) A grand juror, bailiff, interpreter, stenographer or person

operating an electronic recording device, or person preparing a

typewritten transcription of a stenographic or electronic

recording who discloses anything transpiring before the grand

jury, regardless of whether the thing transpiring is recorded, in

the course of the official duties of the grand jury shall be

liable to a fine as for contempt of the court, not exceeding five

hundred dollars, imprisonment not exceeding thirty days, or both

such fine and imprisonment.

(c) A disclosure of a record made under Article 20.012, a

disclosure of a typewritten transcription of that record, or a

disclosure otherwise prohibited by Subsection (b) or Article

20.16 may be made by the attorney representing the state in

performing the attorney's duties to a grand juror serving on the

grand jury before whom the record was made, another grand jury, a

law enforcement agency, or a prosecuting attorney, as permitted

by the attorney representing the state and determined by the

attorney as necessary to assist the attorney in the performance

of the attorney's duties. The attorney representing the state

shall warn any person the attorney authorizes to receive

information under this subsection of the person's duty to

maintain the secrecy of the information. Any person who receives

information under this subsection and discloses the information

for purposes other than those permitted by this subsection is

subject to punishment for contempt in the same manner as persons

who violate Subsection (b).

(d) The defendant may petition a court to order the disclosure of

information otherwise made secret by this article or the

disclosure of a recording or typewritten transcription under

Article 20.012 as a matter preliminary to or in connection with a

judicial proceeding. The court may order disclosure of the

information, recording, or transcription on a showing by the

defendant of a particularized need.

(e) A petition for disclosure under Subsection (d) 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 persons required by the court to receive a copy of

the petition. All persons receiving a petition under this

subsection are entitled to appear before the court. The court

shall provide interested parties with an opportunity to appear

and present arguments for the continuation of or end to the

requirement of secrecy.

(f) A person who receives information under Subsection (d) or (e)

and discloses that information is subject to punishment for

contempt in the same manner as a person who violates Subsection

(b).

(g) The attorney representing the state may not disclose anything

transpiring before the grand jury except as permitted by

Subsections (c), (d), and (e).

(h) 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 Subsection (c), (d), or (e).

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Amended by Acts 1995, 74th Leg., ch. 1011, Sec. 2, eff. Sept. 1,

1995.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

628, Sec. 1, eff. September 1, 2007.

Art. 20.03. ATTORNEY REPRESENTING STATE ENTITLED TO APPEAR. "The

attorney representing the State" means the Attorney General,

district attorney, criminal district attorney, or county

attorney. The attorney representing the State, is entitled to go

before the grand jury and inform them of offenses liable to

indictment at any time except when they are discussing the

propriety of finding an indictment or voting upon the same.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 20.04. ATTORNEY MAY EXAMINE WITNESSES. The attorney

representing the State may examine the witnesses before the grand

jury and shall advise as to the proper mode of interrogating

them. No person other than the attorney representing the State or

a grand juror may question a witness before the grand jury. No

person may address the grand jury about a matter before the grand

jury other than the attorney representing the State, a witness,

or the accused or suspected person or the attorney for the

accused or suspected person if approved by the State's attorney.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Amended by Acts 1989, 71st Leg., ch. 1065, Sec. 2, eff. Sept. 1,

1989.

Art. 20.05. MAY SEND FOR ATTORNEY. The grand jury may send for

the attorney representing the state and ask his advice upon any

matter of law or upon any question arising respecting the proper

discharge of their duties.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Amended by Acts 1989, 71st Leg., ch. 1065, Sec. 3, eff. Sept. 1,

1989.

Art. 20.06. ADVICE FROM COURT. The grand jury may also seek and

receive advice from the court touching any matter before them,

and for this purpose, shall go into court in a body; but they

shall so guard the manner of propounding their questions as not

to divulge the particular accusation that is pending before them;

or they may propound their questions in writing, upon which the

court may give them the desired information in writing.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 20.07. FOREMAN SHALL PRESIDE. The foreman shall preside

over the sessions of the grand jury, and conduct its business and

proceedings in an orderly manner. He may appoint one or more

members of the body to act as clerks for the grand jury.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 20.08. ADJOURNMENTS. The grand jury shall meet and adjourn

at times agreed upon by a majority of the body; but they shall

not adjourn, at any one time, for more than three days, unless by

consent of the court. With the consent of the court, they may

adjourn for a longer time, and shall as near as may be, conform

their adjournments to those of the court.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 20.09. DUTIES OF GRAND JURY. The grand jury shall inquire

into all offenses liable to indictment of which any member may

have knowledge, or of which they shall be informed by the

attorney representing the State, or any other credible person.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 20.10. ATTORNEY OR FOREMAN MAY ISSUE PROCESS. The attorney

representing the state, or the foreman, in term time or vacation,

may issue a summons or attachment for any witness in the county

where they are sitting; which summons or attachment may require

the witness to appear before them at a time fixed, or forthwith,

without stating the matter under investigation.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 20.11. OUT-OF-COUNTY WITNESSES.

Sec. 1. The foreman or the attorney representing the State may,

upon written application to the district court stating the name

and residence of the witness and that his testimony is believed

to be material, cause a subpoena or an attachment to be issued to

any county in the State for such witness, returnable to the grand

jury then in session, or to the next grand jury for the county

from whence the same issued, as such foreman or attorney may

desire. The subpoena may require the witness to appear and

produce records and documents. An attachment shall command the

sheriff or any constable of the county where the witness resides

to serve the witness, and have him before the grand jury at the

time and place specified in the writ.

Sec. 2. A subpoena or attachment issued pursuant to this article

shall be served and returned in the manner prescribed in Chapter

24 of this code.

A witness subpoenaed pursuant to this article shall be

compensated as provided in this code.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by Acts

1973, 63rd Leg., p. 787, ch. 350, Sec. 1, eff. June 12, 1973.

Art. 20.12. ATTACHMENT IN VACATION. The attorney representing

the state may cause an attachment for a witness to be issued, as

provided in the preceding Article, either in term time or in

vacation.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 20.13. EXECUTION OF PROCESS. The bailiff or other officer

who receives process to be served from a grand jury shall

forthwith execute the same and return it to the foreman, if the

grand jury be in session; and if the grand jury be not in

session, the process shall be returned to the district clerk. If

the process is returned not executed, the return shall state why

it was not executed.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 20.14. EVASION OF PROCESS. If it be made to appear

satisfactorily to the court that a witness for whom an attachment

has been issued to go before the grand jury is in any manner

wilfully evading the service of such summons or attachment, the

court may fine such witness, as for contempt, not exceeding five

hundred dollars.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 20.15. WHEN WITNESS REFUSES TO TESTIFY. When a witness,

brought in any manner before a grand jury, refuses to testify,

such fact shall be made known to the attorney representing the

State or to the court; and the court may compel the witness to

answer the question, if it appear to be a proper one, by imposing

a fine not exceeding five hundred dollars, and by committing the

party to jail until he is willing to testify.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 20.16. OATHS TO WITNESSES. (a) The following oath shall

be administered by the foreman, or under the foreman's direction,

to each witness before being interrogated: "You solemnly swear

that you will not reveal, by your words or conduct, and will keep

secret any matter about which you may be interrogated or that you

have observed during the proceedings of the grand jury, and that

you will answer truthfully the questions asked of you by the

grand jury, or under its direction, so help you God."

(b) A witness who reveals any matter about which the witness is

interrogated or that the witness has observed during the

proceedings of the grand jury, other than when required to give

evidence thereof in due course, shall be liable to a fine as for

contempt of court, not exceeding $500, and to imprisonment not

exceeding six months.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by Acts

1973, 63rd Leg., p. 968, ch. 399, Sec. 2(A), eff. Jan. 1, 1974.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

28, Sec. 1, eff. September 1, 2007.

Art. 20.17. HOW SUSPECT OR ACCUSED QUESTIONED. (a) The grand

jury, in propounding questions to the person accused or

suspected, shall first state the offense with which he is

suspected or accused, the county where the offense is said to

have been committed and as nearly as may be, the time of

commission of the offense, and shall direct the examination to

the offense under investigation.

(b) Prior to any questioning of an accused or suspected person

who is subpoenaed to appear before the grand jury, the accused or

suspected person shall be furnished a written copy of the

warnings contained in Subsection (c) of this section and shall be

given a reasonable opportunity to retain counsel or apply to the

court for an appointed attorney and to consult with counsel prior

to appearing before the grand jury.

(c) If an accused or suspected person is subpoenaed to appear

before a grand jury prior to any questions before the grand jury,

the person accused or suspected shall be orally warned as

follows:

(1) "Your testimony before this grand jury is under oath";

(2) "Any material question that is answered falsely before this

grand jury subjects you to being prosecuted for aggravated

perjury";

(3) "You have the right to refuse to make answers to any

question, the answer to which would incriminate you in any

manner";

(4) "You have the right to have a lawyer present outside this

chamber to advise you before making answers to questions you feel

might incriminate you";

(5) "Any testimony you give may be used against you at any

subsequent proceeding";

(6) "If you are unable to employ a lawyer, you have the right to

have a lawyer appointed to advise you before making an answer to

a question, the answer to which you feel might incriminate you."

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Amended by Acts 1989, 71st Leg., ch. 1065, Sec. 4, eff. Sept. 1,

1989.

Art. 20.18. HOW WITNESS QUESTIONED. When a felony has been

committed in any county within the jurisdiction of the grand

jury, and the name of the offender is known or unknown or where

it is uncertain when or how the felony was committed, the grand

jury shall first state to the witness called the subject matter

under investigation, then may ask pertinent questions relative to

the transaction in general terms and in such a manner as to

determine whether he has knowledge of the violation of any

particular law by any person, and if so, by what person.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 20.19. GRAND JURY SHALL VOTE. After all the testimony which

is accessible to the grand jury shall have been given in respect

to any criminal accusation, the vote shall be taken as to the

presentment of an indictment, and if nine members concur in

finding the bill, the foreman shall make a memorandum of the same

with such data as will enable the attorney who represents the

State to write the indictment.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 20.20. INDICTMENT PREPARED. The attorney representing the

State shall prepare all indictments which have been found, with

as little delay as possible, and deliver them to the foreman, who

shall sign the same officially, and said attorney shall endorse

thereon the names of the witnesses upon whose testimony the same

was found.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 20.21. INDICTMENT PRESENTED. When the indictment is ready

to be presented, the grand jury shall through their foreman,

deliver the indictment to the judge or clerk of the court. At

least nine members of the grand jury must be present on such

occasion.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Amended by Acts 1979, 66th Leg., p. 1033, ch. 463, Sec. 1, eff.

June 7, 1979.

Art. 20.22. PRESENTMENT ENTERED OF RECORD. The fact of a

presentment of indictment by a grand jury shall be entered upon

the record of the court, if the defendant is in custody or under

bond, noting briefly the style of the criminal action and the

file number of the indictment and the defendant's name. If the

defendant is not in custody or under bond at the time of the

presentment of indictment, the entry in the record of the court

relating to said indictment shall be delayed until such time as

the capias is served and the defendant is placed in custody or

under bond.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Amended by Acts 1979, 66th Leg., p. 1033, ch. 463, Sec. 2, eff.

June 7, 1979; Acts 1999, 76th Leg., ch. 580, Sec. 3, eff. Sept.

1, 1999.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

628, Sec. 2, eff. September 1, 2007.