The bill amends the Code of Criminal Procedure to establish new guidelines for grand jury proceedings, focusing on the rights of witnesses and the conditions under which individuals may be investigated. A new article, 20A.002, prohibits grand juries from investigating a person for an offense if that person has previously been investigated for the same offense without an indictment, unless new material evidence is presented. Additionally, Article 20A.1031 allows witnesses, including those accused or suspected of an offense, to have legal representation during their testimony. The bill also mandates the recording of grand jury proceedings while ensuring that deliberations remain unrecorded and clarifies the responsibilities of the state attorney to present exculpatory evidence. It introduces penalties for unauthorized disclosures of grand jury information, aligning these penalties with contempt of court.

Moreover, the bill introduces Chapter 14A to the Civil Practice and Remedies Code, allowing accused or suspected individuals to recover attorney's fees and related expenses if they can prove that the state's attorney's position was unjustified or vexatious. The court is empowered to award these fees based on findings from the grand jury investigation, and governmental immunity is waived concerning liability for these costs. The changes will take effect for grand jury proceedings that commence on or after September 1, 2023.

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