Chapter 20A: Grand Jury Proceedings

Subchapter A: General Provisions

Article 20A.001: Definitions

  • Attorney Representing the State: Refers to the attorney general, district attorney, criminal district attorney, or county attorney.

  • Foreperson: The foreperson of the grand jury as appointed under Article 19A.203.Effective January 1, 2021, as per Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.04.

Subchapter B: Duties of Grand Jury and Grand Jurors

Art. 20A.051: Duties of Grand Jury

  • The grand jury is responsible for inquiring into all offenses subject to indictment that any grand juror knows or has been informed about by the attorney representing the state or another credible source. Effective January 1, 2021.

Art. 20A.052: Duties and Powers of Foreperson

  • The foreperson must:

    1. Preside over the grand jury's sessions.

    2. Conduct business and proceedings in an orderly manner.

  • The foreperson may appoint one or more grand jurors to act as clerks for the grand jury. Effective January 1, 2021.

Art. 20A.053: Meeting and Adjournment

  • The grand jury shall meet and adjourn according to the times agreed upon by a majority but cannot adjourn for more than three consecutive days unless permitted by the court. Effective January 1, 2021.

Subchapter C: Grand Jury Room; Persons Authorized to Be Present

Art. 20A.101: Grand Jury Room

  • After organization, the grand jury must carry out its duties in a suitable place prepared by the sheriff.Effective January 1, 2021.

Art. 20A.102: Persons Allowed in the Grand Jury Room

  • The following persons may be present:

    1. Grand jurors

    2. Bailiffs

    3. Attorney representing the state

    4. Witnesses during examination

    5. Interpreters, if necessary

    6. Stenographers or those operating recording devices

    7. Video teleconferencing personnel

  • During deliberations, only grand jurors may be present. Effective January 1, 2021.

Art. 20A.103: Entitlement of State Attorney to Appear

  • The attorney for the state can appear before the grand jury at any time except while the jurors are considering the propriety of an indictment or voting on one. Effective January 1, 2021.

Art. 20A.104: Who May Address the Grand Jury

  • Only the attorney representing the state, a witness, or the accused/suspected or their attorney (with the state's attorney's approval) may address the grand jury. Effective January 1, 2021.

Subchapter D: Advice to Grand Jury

Art. 20A.151: Advice from Attorney Representing State

  • The grand jury may request legal advice from the attorney representing the state about its duties or any matter of law.Effective January 1, 2021.

Art. 20A.152: Advice from Court

  • The grand jury can seek advice from the court on matters, visiting the court as a body. Questions must be phrased to maintain the secrecy of the indictment. Effective January 1, 2021.

Subchapter E: Recording and Disclosure of Grand Jury ProceedingsArt. 20A.201: Recording Testimony

  • Testimony of an accused must be recorded by a stenographer or electronic device. Validity is not affected by unintentional failures to record. State's attorney maintains other records.Effective January 1, 2021.

Art. 20A.202: Secrecy of Proceedings

  • Grand jury proceedings are secret, and any subpoenas must be kept confidential to avoid unauthorized disclosures.Effective January 1, 2021.

Art. 20A.203: Prohibition on Disclosure by Participants

  • Penalties apply for jurors, bailiffs, and other participants who disclose grand jury matters. Witnesses may also face fines and confinement for revealing information.Effective January 1, 2021.

Art. 20A.204: Disclosure by State Attorney

  • The attorney may disclose grand jury information only under specified circumstances and must inform recipients of their duty to maintain secrecy.Effective January 1, 2021.

Art. 20A.205: Disclosure Petition by Defendant

  • Defendants can petition the court for disclosure of grand jury secrets upon showing particular need, with provisions for interested parties to be heard.Effective January 1, 2021.

Subchapter F: WitnessesArt. 20A.251: In-County Witness

  • The foreperson or state's attorney can summon any witness in the county to appear before the grand jury without disclosing the investigation matter.Effective January 1, 2021.

Art. 20A.252: Out-of-County Witness

  • Subpoenas for witnesses outside the county can be issued by applying to the district court, and details about the witness's testimony must be provided.Effective January 1, 2021.

Art. 20A.253: Execution of Process

  • Process served from the grand jury must be executed immediately by a bailiff or officer, returning it to the grand jury or district clerk, with explanations for unexecuted processes.Effective January 1, 2021.

Art. 20A.254: Evasion of Process

  • Witnesses evading subpoenas may be fined for contempt.Effective January 1, 2021.

Art. 20A.255: Witness Refusal to Testify

  • Communication of a refusal to testify to the attorney or court may lead to fines or jail until the witness agrees to testify.Effective January 1, 2021.

Art. 20A.256: Witness Oath

  • Before examination, witnesses must swear to keep proceedings secret and answer truthfully.Effective January 1, 2021.

Art. 20A.257: Examination of Witnesses

  • Only grand jurors or the state's attorney may examine witnesses, with guidance from the state's attorney for examinations.Effective January 1, 2021.

Art. 20A.258: Examination of Accused or Suspected Person

  • Before examination, accused persons must receive warnings about their rights and may consult with an attorney.Effective January 1, 2021.

Art. 20A.259: Peace Officer Testimony by Video Teleconferencing

  • Peace officers may testify via secure video teleconferencing with specific conditions for privacy and recording.Effective January 1, 2021.

Subchapter G: IndictmentArt. 20A.301: Voting on Indictment

  • Following presentations, the grand jury votes on the indictment. A minimum of nine jurors must concur for a presentment.Effective January 1, 2021.

Art. 20A.302: Preparation of Indictment

  • The state's attorney must prepare and deliver indictments as promptly as possible, including witness names.Effective January 1, 2021.

Art. 20A.303: Presentment of Indictment

  • Indictments must be presented to a judge or court clerk, requiring at least nine jurors for delivery.Effective January 1, 2021.

Art. 20A.304: Presentment of Indictment Entered in Record

  • Records of presentments depend on the defendant's custody status regarding public accessibility of the indictment.Effective January 1, 2021.