HB 5566

relating to grand jury proceedings.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Subchapter A, Chapter 20A, Code of Criminal
Procedure, is amended by adding Article 20A.002 to read as follows:
Art. 20A.002.  WHO MAY BE INVESTIGATED.  (a)  Except as
provided by Subsection (b), a grand jury may not investigate a
person who is accused or suspected of an offense and may not vote to
present an indictment for the offense if the person has previously
been investigated by a grand jury for the same offense and that
grand jury found no bill of indictment.
(b)  A grand jury may investigate, and may present an
indictment with respect to, a person described by Subsection (a)
only if the attorney representing the state presents material
evidence that was not known to the state before or during the
previous grand jury investigation.
SECTION 2.  Subchapter C, Chapter 20A, Code of Criminal
Procedure, is amended by adding Article 20A.105 to read as follows:
Art. 20A.105.  PRESENTATION OF EXCULPATORY EVIDENCE BY
STATE.  (a)  The attorney representing the state shall present to a
grand jury investigating an offense any evidence that is:
(1)  favorable to the accused or suspected person;
(2)  material to the offense being investigated; and
(3)  in the possession, custody, or control of the
state or any person under contract with the state.
(b)  Evidence described by Subsection (a) may be presented to
the grand jury at any time during the investigation.
SECTION 3.  The heading to Article 20A.201, Code of Criminal
Procedure, is amended to read as follows:
Art. 20A.201.  RECORDING OF GRAND JURY PROCEEDINGS [ACCUSED
OR SUSPECTED PERSON'S TESTIMONY]; RETENTION OF RECORDS.
SECTION 4.  Articles 20A.201(a) and (b), Code of Criminal
Procedure, are amended to read as follows:
(a)  Except as otherwise provided by this subsection, all
statements made by the grand jury or the attorney representing the
state and the [The] examination and testimony of a witness [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 recording sound. Deliberations of the
grand jury may not be recorded.
(b)  The validity of a grand jury proceeding is not affected
by an unintentional failure to record all or part of the proceedings
as required by [examination or testimony under] Subsection (a).
SECTION 5.  Subchapter E, Chapter 20A, Code of Criminal
Procedure, is amended by adding Article 20A.206 to read as follows:
Art. 20A.206.  CONFIDENTIALITY OF IDENTIFYING INFORMATION
OF VICTIMS AND WITNESSES.  Notwithstanding any other provision of
this subchapter, information identifying any victim or witness,
including the name of a victim or witness and including the address,
telephone number, driver's license number, social security number,
date of birth, or bank account information or any other information
that by reference would make it possible to identify a victim or
witness, is confidential and may not be disclosed.
SECTION 6.  The changes in law made by this Act apply 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
SECTION 7.  This Act takes effect September 1, 2025.