Texas Senate Bill SB1686

Texas 2009 - 81st Regular

Caption

Relating to discovery in a criminal case.

Impact

The legislation has a notable impact on how criminal cases are processed, potentially speeding up trials by requiring earlier disclosure of evidence. It mandates that the prosecuting attorney provide timely communication concerning witnesses and evidence, thereby allowing defendants to prepare their case adequately. Additionally, it places strict accountability measures on the prosecution, including sanctions for non-compliance with discovery rules, ensuring that all parties adhere to the equitable principles of justice.

Summary

SB1686 seeks to clarify and enhance the provisions related to discovery in criminal cases in Texas. The bill amends Article 39.14 of the Code of Criminal Procedure, placing an emphasis on the responsibilities of the state attorney in disclosing evidence that is material to the defendant's guilt or punishment. Key materials that must be disclosed include exculpatory evidence, witness statements, and any physical evidence that the attorney intends to use at trial. The aim of this legislation is to uphold the defendant's right to a fair trial by ensuring they have access to critical information before proceedings commence.

Contention

While the bill aims to bolster the rights of defendants, there may be contentions surrounding the extent of the disclosure and the impact on witnesses and victims. The legislation stipulates that the names of victims are protected from disclosure, yet implications on sensitive witness information and grand jury proceedings continue to be areas of debate. Proponents of the bill argue that it enhances transparency and fairness, while critics may contend that it could complicate the prosecution's case if particularly sensitive information is mandated for release during the discovery phase.