2005 Texas Code of Criminal Procedure CHAPTER 20. DUTIES AND POWERS OF THE GRAND JURY

CODE OF CRIMINAL PROCEDURE

CHAPTER 20. DUTIES AND POWERS OF THE GRAND JURY


	Art. 20.01. [373] [424] [412] 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, eff. Jan. 1, 1966.             


	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. [374] [425] [413] 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).

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722, eff. Jan. 1, 1966.  
Amended by Acts 1995, 74th Leg., ch. 1011, Sec. 2, eff. Sept. 1, 
1995.


	Art. 20.03. [375] [426] [414] 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, eff. Jan. 1, 1966.             


	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, eff. Jan. 1, 1966.  
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, eff. Jan. 1, 1966.  
Amended by Acts 1989, 71st Leg., ch. 1065, Sec. 3, eff. Sept. 1, 
1989.


	Art. 20.06. [378] [429] [417] 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, eff. Jan. 1, 1966.             


	Art. 20.07. [379] [430] [418] 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, eff. Jan. 1, 1966.             


	Art. 20.08. [380] [431] [419] 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, eff. Jan. 1, 1966.             


	Art. 20.09. [381] [432] [420] 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, eff. Jan. 1, 1966.             


	Art. 20.10. [382] [433] [421] 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, eff. Jan. 1, 1966.             


	Art. 20.11. [383] [434] [422] 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, eff. Jan. 1, 1966.  
Amended by Acts 1973, 63rd Leg., p. 787, ch. 350, Sec. 1, eff. June 
12, 1973.


	Art. 20.12. [384] [435] [423] 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, eff. Jan. 1, 1966.             


	Art. 20.13. [385] [436] [424] 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, eff. Jan. 1, 1966.             


	Art. 20.14. [386] [437] [425] 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, eff. Jan. 1, 1966.             


	Art. 20.15. [387] [438] [426] 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, eff. Jan. 1, 1966.             


	Art. 20.16. [388] [439] [427] OATHS TO WITNESSES.  The 
following oath shall be administered by the foreman, or under his 
direction, to each witness before being interrogated:  "You 
solemnly swear that you will not divulge, either by words or signs, 
any matter about which you may be interrogated, and that you will 
keep secret all proceedings of the grand jury which may be had in 
your presence, and that you will true answers make to such questions 
as may be propounded to you by the grand jury, or under its 
direction, so help you God."  Any witness who divulges any matter 
about which he is interrogated, or any proceedings of the grand jury 
had in his presence, 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, eff. Jan. 1, 1966.  
Amended by Acts 1973, 63rd Leg., p. 968, ch. 399, Sec. 2(A), eff. 
Jan. 1, 1974.


	Art. 20.17. [389] [440] [428] 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, eff. Jan. 1, 1966.  
Amended by Acts 1989, 71st Leg., ch. 1065, Sec. 4, eff. Sept. 1, 
1989.


	Art. 20.18. [389, 390] [440, 441] [428, 429] 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, eff. Jan. 1, 1966.             


	Art. 20.19. [391] [442-443] 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, eff. Jan. 1, 1966.             


	Art. 20.20. [392] [444] [432] 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, eff. Jan. 1, 1966.             


	Art. 20.21. [393] [445] [433] 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, eff. Jan. 1, 1966.  
Amended by Acts 1979, 66th Leg., p. 1033, ch. 463, Sec. 1, eff. June 
7, 1979.


	Art. 20.22. [394] [446] [434] PRESENTMENT ENTERED OF 
RECORD.  The fact of a presentment of indictment by a grand jury 
shall be entered upon the minutes 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 minutes 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, eff. Jan. 1, 1966.  
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.