Tex.
Fam. Code Section 53.035
Grand Jury Referral
(a)
The prosecuting attorney may, before filing a petition under Section 53.04 (Court Petition; Answer), refer an offense to a grand jury in the county in which the offense is alleged to have been committed.(b)
The grand jury has the same jurisdiction and powers to investigate the facts and circumstances concerning an offense referred to the grand jury under this section as it has to investigate other criminal activity.(c)
If the grand jury votes to take no action on an offense referred to the grand jury under this section, the prosecuting attorney may not file a petition under Section 53.04 (Court Petition; Answer) concerning the offense unless the same or a successor grand jury approves the filing of the petition.(d)
If the grand jury votes for approval of the prosecution of an offense referred to the grand jury under this section, the prosecuting attorney may file a petition under Section 53.04 (Court Petition; Answer).(e)
The approval of the prosecution of an offense by a grand jury under this section does not constitute approval of a petition by a grand jury for purposes of Section 53.045 (Offenses Eligible for Determinate Sentence).
Source:
Section 53.035 — Grand Jury Referral, https://statutes.capitol.texas.gov/Docs/FA/htm/FA.53.htm#53.035 (accessed Jun. 5, 2024).
