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.
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.
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.
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. [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.
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.
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.
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.
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.
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. 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.
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.
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.
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.
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. 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.
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.
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.
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.
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.
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.
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.
