The bill amends the Code of Criminal Procedure to enhance the guidelines surrounding grand jury proceedings, particularly focusing on the rights of witnesses and the investigation process. A new Article 20A.002 prohibits grand juries from investigating individuals who have already been investigated for the same offense 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, ensuring they can consult with their attorneys. The bill also mandates the state to present exculpatory evidence to the grand jury as outlined in Article 20A.105 and introduces penalties for attorneys who improperly disclose grand jury information, which may lead to contempt of court charges.

Moreover, the bill establishes a new chapter in the Civil Practice and Remedies Code that allows accused individuals to seek recovery of attorney's fees if they believe the state's position was unjustified or in bad faith. The court can award these fees if it finds the state's actions to be vexatious or frivolous, and governmental immunity is waived concerning liability for these fees, making the state attorney responsible for any awarded costs. The changes are set to take effect on September 1, 2023, and will apply only to grand jury proceedings initiated on or after that date.

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