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Current as of April 14, 2021 | Updated by FindLaw Staff
(a) The grand jury, in propounding questions to the person accused or suspected, shall first state the offense with which he is suspected or accused, the county where the offense is said to have been committed and as nearly as may be, the time of commission of the offense, and shall direct the examination to the offense under investigation.
(b) Prior to any questioning of an accused or suspected person who is subpoenaed to appear before the grand jury, the accused or suspected person shall be furnished a written copy of the warnings contained in Subsection (c) of this section and shall be given a reasonable opportunity to retain counsel or apply to the court for an appointed attorney and to consult with counsel prior to appearing before the grand jury.
(c) If an accused or suspected person is subpoenaed to appear before a grand jury prior to any questions before the grand jury, the person accused or suspected shall be orally warned as follows:
(1) “Your testimony before this grand jury is under oath”;
(2) “Any material question that is answered falsely before this grand jury subjects you to being prosecuted for aggravated perjury”;
(3) “You have the right to refuse to make answers to any question, the answer to which would incriminate you in any manner”;
(4) “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”;
(5) “Any testimony you give may be used against you at any subsequent proceeding”;
(6) “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.”
Cite this article: FindLaw.com - Texas Code of Criminal Procedure - CRIM P Art. 20.17. How suspect or accused questioned - last updated April 14, 2021 | https://codes.findlaw.com/tx/code-of-criminal-procedure/crim-ptx-crim-pro-art-20-17/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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