85R8176 JRR-D     By: West S.B. No. 1058       A BILL TO BE ENTITLED   AN ACT   relating to grand jury proceedings; providing a penalty.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Article 20.011(a), Code of Criminal Procedure,   is amended to read as follows:          (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;                (6)  a stenographer or person operating an electronic   recording device, as provided by Article 20.012; [and]                (7)  a person operating a video teleconferencing system   for use under Article 20.151; and                (8)  an attorney representing a witness who is a target   of a grand jury investigation, for the sole purpose of consultation   in the manner described by Article 20.03(c).          SECTION 2.  Article 20.02, Code of Criminal Procedure, is   amended by adding Subsection (i) to read as follows:          (i)  An attorney representing a witness may not disclose   anything transpiring before the grand jury. An attorney who   discloses information in violation of this subsection is subject to   punishment for contempt in the same manner as a person who violates   Subsection (b).          SECTION 3.   Article 20.03, Code of Criminal Procedure, is   amended to read as follows:          Art. 20.03.  ATTORNEY [REPRESENTING STATE] ENTITLED TO   APPEAR. (a)  In this chapter, "attorney ["The attorney]   representing the state" [State"] means the attorney general    [Attorney General], district attorney, criminal district attorney,   or county attorney.          (b)  The attorney representing the state [State,] is   entitled to go before the grand jury and inform the grand jurors    [them] of offenses liable to indictment at any time except when the   grand jury is:                (1)  [they are] discussing the propriety of finding an   indictment; or                (2)  voting on an indictment [upon the same].          (c)  An attorney representing a witness who is a target of a   grand jury investigation may be present in the grand jury room while   the grand jury is questioning the witness. The grand jury shall   permit the attorney or the witness to interrupt the questioning at   any time so that the witness may consult with the attorney outside   the hearing of the grand jury.          SECTION 4.   The change in law made by this Act applies only   to a grand jury proceeding that begins on or after the effective   date of this Act. A grand jury proceeding that begins before the   effective date of this Act is governed by the law in effect on the   date the proceeding began, and the former law is continued in effect   for that purpose.          SECTION 5.   This Act takes effect September 1, 2017.