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89(R) HB 3664 - Senate Committee Report version - Bill Text
By: Smithee (Senate Sponsor - Flores)
H.B. No. 3664
(In the Senate - Received from the House May 16, 2025;
May 16, 2025, read first time and referred to Committee on Criminal
Justice; May 28, 2025, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 7, Nays 0;
May 28, 2025, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR H.B. No. 3664
By: Parker
A BILL TO BE ENTITLED
AN ACT
relating to the training of prospective grand jurors and to grand
jury proceedings.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 19A, Code of Criminal
Procedure, is amended by adding Article 19A.1021 to read as
follows:
Art.
19A.1021.
TRAINING OF PROSPECTIVE GRAND JURORS
REQUIRED. Before a prospective grand juror may be accepted and
impaneled, each person who is presented to serve as a grand juror
must complete the training described by Section 72.0365, Government
Code.
The acceptance and impanelment of a prospective grand juror
who has not completed the training described by Section 72.0365,
Government Code, does not affect the validity of a grand jury
proceeding and may not be used by a defendant as a ground for
appeal, a ground to set aside an indictment, conviction, or
sentence, or a ground in a habeas corpus petition.
SECTION 2. 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 evidence that
was not known to the state before or during the previous grand jury
investigation.
SECTION 3. The heading to Subchapter F, Chapter 20A, Code of
Criminal Procedure, is amended to read as follows:
SUBCHAPTER F. WITNESSES
; EVIDENCE
SECTION 4. Subchapter F, Chapter 20A, Code of Criminal
Procedure, is amended by adding Article 20A.260 to read as follows:
Art.
20A.260.
PRESENTATION OF EXCULPATORY EVIDENCE. Before
the grand jury votes on the presentation of an indictment as
described by Article 20A.301, the attorney representing the state
shall disclose to the grand jury any exculpatory evidence known to
the attorney representing the state at the time of presentment to
the grand jury.
SECTION 5. Subchapter G, Chapter 20A, Code of Criminal
Procedure, is amended by adding Article 20A.3025 to read as
follows:
Art.
20A.3025.
CERTIFICATION OF EXCULPATORY EVIDENCE.
(a)
At the time the indictment is prepared and delivered to the
foreperson under Article 20A.302(a), the attorney representing the
state shall prepare and shall deliver to the foreperson a statement
that:
(1)
is signed by the attorney representing the state;
and
(2)
includes a list of the exculpatory evidence
presented to the grand jury under Article 20A.260.
(b)
The foreperson shall certify that the statement
prepared and delivered under Subsection (a) includes the complete
list of exculpatory evidence presented to the grand jury under
Article 20A.260, and the foreperson shall sign the statement.
(c)
The statement described by Subsections (a) and (b) must
be notarized.
A notarized statement under this article is
self-authenticating under Rule 902, Texas Rules of Evidence.
SECTION 6. Subchapter C, Chapter 72, Government Code, is
amended by adding Section 72.0365 to read as follows:
Sec.
72.0365.
TRAINING COURSE FOR PROSPECTIVE GRAND JURORS.
(a) Before a prospective grand juror maybe accepted and impaneled
under Chapter 19A, Code of Criminal Procedure, the prospective
grand juror shall complete a training course regarding grand jury
proceedings that is administered by the office.
(b) The training course required by Subsection (a):
(1) must include instruction regarding:
(A) the purpose and rules of grand jury service;
(B) the grand juror selection process; and
(C) grand jury procedures and deliberations; and
(2) may be offered online.
(c)
The Texas Judicial Council shall adopt rules as
necessary to implement this section, including rules regarding the
content of the training course required by Subsection (a).
SECTION 7. As soon as practicable after the effective date
of this Act, the Texas Judicial Council shall adopt rules as
required by Section 72.0365, Government Code, as added by this Act.
SECTION 8. The changes in law made by this Act apply only to
a grand jury impaneled on or after the effective date of this Act. A
grand jury impaneled before the effective date of this Act is
governed by the law in effect on the date the grand jury was
impaneled, and the former law is continued in effect for that
purpose.
SECTION 9. This Act takes effect January 1, 2026.
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