Texas 2023 - 88th Regular

Texas Senate Bill SB435

Filed
1/12/23  
Out of Senate Committee
4/18/23  
Voted on by Senate
4/20/23  
Out of House Committee
5/5/23  
Voted on by House
5/6/23  
Governor Action
5/24/23  

Caption

Relating to the disclosure under the public information law of certain evidence of a crime that resulted in the death of a person.

Impact

The bill signifies a shift in Texas law regarding public information laws, particularly in how they pertain to victims of violent crimes. By clarifying that family members can view certain types of evidence without it being subject to public release, the legislation seeks to balance the need for privacy with the victims' families' right to understand what transpired. The provisions in this bill stipulate procedures that must be followed to maintain confidentiality and protect the sensitive nature of the content being shared.

Summary

Senate Bill 435 addresses the disclosure of specific evidence related to crimes resulting in death, focusing on the rights of family members of victims to access sensitive information. Specifically, the bill allows a prosecutor to permit viewing of medical examiner reports and video evidence of the crime for family members, ensuring that they can gain some closure without releasing the information publicly. This legislation comes in response to the tragic events surrounding the mass murder at Santa Fe High School in 2018, aiming to provide transparency and support to grieving families who have struggled with uncertainty regarding the circumstances of their loved ones' deaths.

Sentiment

Overall, the sentiment around SB 435 appears to be largely supportive, particularly among those advocating for victims' rights. The bill passed with overwhelming bipartisan support in both the House and Senate, indicating a shared recognition of the importance of addressing the needs of crime victims' families. However, there remain discussions about privacy implications and how such disclosures might affect ongoing investigations or future legal processes. Nevertheless, the consensus is that this legislation provides a necessary avenue for support and information for families in distress.

Contention

While the bill received strong support during discussions, some points of contention focused on the balance between transparency and privacy. Concern was raised about how the disclosures might impact future cases or the privacy of individuals involved in the investigations. Critics question whether allowing access to such sensitive evidence could have unintended consequences, although this perspective is less prominent in the overall legislative discussion surrounding the bill. The emphasis remains on providing families with the closure they seek while ensuring that procedural safeguards are in place.

Texas Constitutional Statutes Affected

Government Code

  • Chapter 552. Public Information
    • Section: 108
    • Section: 108
    • Section: 108
    • Section: 108
    • Section: 108

Code Of Criminal Procedure

  • Chapter 49. Inquests Upon Dead Bodies
    • Section: 25
    • Section: 25
    • Section: 25

Companion Bills

TX HB3729

Identical Relating to the disclosure under the public information law of certain evidence of a crime that resulted in the death of a person.

Similar Bills

No similar bills found.