Texas Senate Bill SB661

Texas 2009 - 81st Regular

Caption

Relating to discovery in a criminal case and the consequences of a failure to disclose certain discoverable evidence in a timely manner.

Impact

If enacted, SB661 will modify existing laws to strengthen the rights of defendants by promoting transparency in the pre-trial phase of criminal cases. The requirement for timely disclosure reflects an attempt to balance the prosecutorial duties with the rights of the accused, thereby supporting the constitutional guarantees of due process. This means that evidence disclosed late in the process, particularly within ten days of a trial, cannot be used against the defendant in subsequent reviews of the case, thus providing a safeguard against unfair trial practices.

Summary

SB661 seeks to amend Article 39.14 of the Code of Criminal Procedure in Texas, which pertains to the discovery processes in criminal cases. The amendment aims to clarify the obligations of the State regarding the timely disclosure of discoverable evidence to the defense. Specifically, it mandates that the State must supplement or amend its disclosures during the proceedings, ensuring that defendants have access to evidence that is materially favorable to their case. This is intended to uphold the defendants' right to a fair trial by ensuring they are informed of pertinent evidence without undue delay.

Contention

The bill's provisions regarding the limitations on the State's ability to deny access to evidence may lead to contentious discussions among legal practitioners, particularly around the enforcement of compliance by the State. Provisions allowing for the redaction of sensitive information could also instigate debate regarding the boundaries between necessary privacy protections and the defendant's right to access potentially exculpatory evidence. Additionally, the possibility for district or county attorneys to enter agreements with local defense bar associations reflects a collaborative approach that may be met with varying levels of support depending on differing perspectives on criminal justice reform.