HBA-EDN H.B. 293 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 293 By: Thompson Criminal Jurisprudence 4/17/2001 Introduced BACKGROUND AND PURPOSE Currently, witnesses before a grand jury may consult with an attorney during proceedings, but only outside the grand jury room. Allowing such consultations only outside the grand jury room may produce delays in proceedings or require a witness to remember detailed and technical questions and answers. Several other states have adopted reforms which allow attorneys to be present during grand jury proceedings for the purpose of consultation. House Bill 293 authorizes an attorney representing a witness who is a target of a grand jury investigation to be present, for the sole purpose of consultation, during grand jury proceedings. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS House Bill 293 amends the Code of Criminal Procedure to authorize an attorney representing a witness who is a target of a grand jury investigation to be present, for the sole purpose of consultation, while the grand jury is conducting proceedings or questioning the witness. The bill requires the grand jury to permit the attorney or the witness to interrupt the questioning at any time so that the attorney may advise the witness outside the hearing of the grand jury. The bill provides that an attorney for a witness who divulges any matter about which the witness is interrogated or any proceedings of the grand jury occurring in the witness's presence is liable to a fine as for contempt of court and to imprisonment. EFFECTIVE DATE September 1, 2001.