Title CR, Code of Criminal Procedure

Art. 20A.101. GRAND JURY ROOM. After the grand jury is organized, the grand jury shall discharge the grand jury's duties in a suitable place that the sheriff shall prepare for the grand jury's sessions. Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.04, eff. Jan…

Art. 20A.102. PERSONS WHO MAY BE PRESENT IN GRAND JURY ROOM. (a) While the grand jury is conducting proceedings, only the following persons may be present in the grand jury room: (1) a grand juror; (2) a bailiff; (3) the attorney representing the state; (4) a witness: (A) while t…

Art. 20A.103. ATTORNEY REPRESENTING STATE ENTITLED TO APPEAR. The attorney representing the state is entitled to appear before the grand jury and inform the grand jury of offenses subject to indictment at any time except when the grand jury is discussing the propriety of finding …

Art. 20A.104. PERSONS WHO MAY ADDRESS 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 approve…

Art. 20A.151. ADVICE FROM ATTORNEY REPRESENTING STATE. The grand jury may send for the attorney representing the state and ask the attorney's advice on any matter of law or on any question regarding the discharge of the grand jury's duties. Added by Acts 2019, 86th Leg., R.S., Ch…

Art. 20A.152. ADVICE FROM COURT. (a) The grand jury may seek and receive advice from the court regarding any matter before the grand jury. For that purpose, the grand jury shall go into court in a body. (b) The grand jury shall ensure that the manner in which the grand jury's que…

Art. 20A.201. RECORDING OF ACCUSED OR SUSPECTED PERSON'S TESTIMONY; RETENTION OF RECORDS. (a) The examination of an accused or suspected person before the grand jury and that person's testimony shall be recorded by a stenographer or by use of an electronic device capable of recor…

Art. 20A.202. PROCEEDINGS SECRET. (a) Grand jury proceedings are secret. (b) 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 gra…

Art. 20A.203. DISCLOSURE BY PERSON IN PROCEEDING PROHIBITED. (a) A grand juror, bailiff, interpreter, stenographer or person operating an electronic recording device, person preparing a typewritten transcription of a stenographic or electronic recording, or person operating a vid…

Art. 20A.204. DISCLOSURE BY ATTORNEY REPRESENTING STATE. (a) The attorney representing the state may not disclose anything transpiring before the grand jury except as permitted by this article or Article 20A.205(a) or (b). (b) In performing the attorney's duties, the attorney rep…

Art. 20A.205. PETITION FOR DISCLOSURE BY DEFENDANT. (a) The defendant may petition a court to order the disclosure of information made secret by Article 20A.202, 20A.203(a), or 20A.204, including a recording or typewritten transcription under Article 20A.201, as a matter prelimin…

Art. 20A.251. IN-COUNTY WITNESS. (a) In term time or vacation, the foreperson or the attorney representing the state may issue a summons or attachment for any witness in the county in which the grand jury sits. (b) A summons or attachment issued under Subsection (a) may require t…

Art. 20A.252. OUT-OF-COUNTY WITNESS. (a) The foreperson or the attorney representing the state may cause a subpoena or attachment for a witness to be issued to any county in the state by submitting a written application to the district court stating the name and residence of the …

Art. 20A.253. EXECUTION OF PROCESS. (a) A bailiff or other officer who receives process to be served from the grand jury shall immediately execute the process and return the process to: (1) the foreperson, if the grand jury is in session; or (2) the district clerk, if the grand j…

Art. 20A.254. EVASION OF PROCESS. If the court determines that a witness for whom an attachment has been issued to appear before the grand jury is in any manner wilfully evading the service of the summons or attachment, the court may fine the witness, as for contempt, in an amoun…

Art. 20A.255. WITNESS REFUSAL TO TESTIFY. (a) If a witness brought in any manner before a grand jury refuses to testify, the witness's refusal shall be communicated to the attorney representing the state or to the court. (b) The court may compel a witness described by Subsection …

Art. 20A.256. WITNESS OATH. Before each witness is examined, the foreperson or a person under the foreperson's direction shall administer the following oath to the witness: "You solemnly swear that you will not reveal, by your words or conduct, and will keep secret any matter abo…

Art. 20A.257. EXAMINATION OF WITNESSES. (a) Only a grand juror or the attorney representing the state may examine a witness before the grand jury. (b) The attorney representing the state shall advise the grand jury regarding the proper mode of examining a witness. (c) If a felony…

Art. 20A.258. EXAMINATION OF ACCUSED OR SUSPECTED PERSON. (a) Before the examination of an accused or suspected person who is subpoenaed to appear before the grand jury, the person shall be: (1) provided the warnings described by Subsection (b) orally and in writing; and (2) give…

Art. 20A.259. PEACE OFFICER TESTIMONY BY VIDEO TELECONFERENCING. (a) With the consent of the foreperson and the attorney representing the state, a peace officer summoned to testify before the grand jury may testify through the use of a closed circuit video teleconferencing system…

Art. 20A.301. VOTING ON INDICTMENT. After all the testimony accessible to the grand jury has been given with respect to any criminal accusation, the grand jury shall vote on the presentment of an indictment. If at least nine grand jurors concur in finding the bill, the foreperson…

Art. 20A.302. PREPARATION OF INDICTMENT. (a) The attorney representing the state shall prepare, with as little delay as possible, each indictment found by the grand jury and shall deliver the indictment to the foreperson. The attorney shall endorse on the indictment the name of e…

Art. 20A.303. PRESENTMENT OF INDICTMENT. When an indictment is ready to be presented, the grand jury shall, through the foreperson, deliver the indictment to the judge or court clerk. At least nine grand jurors must be present to deliver the indictment. Added by Acts 2019, 86th L…

Art. 20A.304. PRESENTMENT OF INDICTMENT ENTERED IN RECORD. (a) If the defendant is in custody or under bond at the time the indictment is presented, the fact of the presentment shall be entered in the court's record, noting briefly the style of the criminal action, the file numbe…