Tex. Code Crim. Proc. art. 20A.258

Current with legislation from the 2023 Regular and Special Sessions signed by the Governor as of November 21, 2023.

Section 20A.258 - Examination of Accused or Suspected Person

(a) Before the examination of an accused or suspected person who is subpoenaed to appear before the grand jury, the person shall be:

(1) provided the warnings described by Subsection (b) orally and in writing; and

(2) given a reasonable opportunity to:

(A) retain counsel or apply to the court for an appointed attorney; and

(B) consult with counsel before appearing before the grand jury.

(b) The warnings required under Subsection (a)(1) must consist of the following:

"Your testimony before this grand jury is under oath. Any material question that is answered falsely before this grand jury subjects you to being prosecuted for aggravated perjury. You have the right to refuse to make answers to any question, the answer to which would incriminate you in any manner. You have the right to have a lawyer present outside this chamber to advise you before making answers to questions you feel might incriminate you. Any testimony you give may be used against you at any subsequent proceeding. If you are unable to employ a lawyer, you have the right to have a lawyer appointed to advise you before making an answer to a question, the answer to which you feel might incriminate you."

(c) In examining an accused or suspected person, the grand jury shall:

(1) first state:

(A) the offense of which the person is accused or suspected;

(B) the county in which the offense is alleged to have been committed; and

(C) as closely as possible, the time the offense was committed; and

(2) direct the examination to the offense under investigation.

Tex. Code Crim. Proc. § 20A.258

Added by Acts 2019, Texas Acts of the 86th Leg.- Regular Session, ch. TBD,Sec. 1.04, eff. 1/1/2021.