Texas 2011 - 82nd Regular

Texas House Bill HB489

Voted on by House
 
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to discovery in a criminal case.

Impact

The impact of HB 489 on state laws revolves around reinforcing the principle of transparency in criminal proceedings. By requiring timely and comprehensive disclosure from the state, the bill aims to preclude any unfair advantage that could be gained through surprise evidence or unshared documents. This should theoretically lead to more fair trials and uphold justice, as defendants will have access to essential materials needed for their defense. The law applies to cases for offenses committed after the bill's effective date, thereby signaling a shift towards progressive changes in Texas's criminal justice system.

Summary

House Bill 489 seeks to amend Article 39.14 of the Texas Code of Criminal Procedure, focusing on the discovery process in criminal cases. The proposed changes are designed to enhance the defendant's rights to access pertinent information and evidence that the state possesses, thereby fostering a more equitable legal process. The bill mandates that the state must disclose various types of materials, including exculpatory evidence, witness statements, and any documents related to the case that may impact the defendant's guilt or punishment. This aligns with a broader legal principle of ensuring that defendants have full knowledge of the evidence against them so they can mount a proper defense.

Sentiment

General sentiment around HB 489 appears to be supportive among legal aid organizations, defense attorneys, and advocacy groups that emphasize the importance of due process and fair trial rights. However, some members of law enforcement and certain prosecutorial bodies may view the amendments as burdensome, expressing concerns that broader disclosure could hinder their ability to effectively pursue convictions or protect sensitive information. Thus, the bill evokes a contrasting sentiment between advocates for defendants' rights and those who prioritize law enforcement's operational capabilities.

Contention

Notable points of contention surrounding HB 489 focus on the balance between transparency in legal proceedings and the potential risks associated with disclosing certain evidence. There are concerns about whether the bill might lead to the unintentional exposure of sensitive witness information or material that could compromise ongoing investigations. Opponents argue that while improving disclosure rights is necessary, there should be safeguarding measures to protect vulnerable individuals and maintain the integrity of judicial processes. Additionally, debates may arise regarding the logistical aspects of implementing such requirements within existing legal frameworks, particularly for smaller jurisdictions.

Companion Bills

TX SB1526

Similar Relating to discovery in a criminal case.

Previously Filed As

TX SB520

Relating to the confidentiality of and discovery procedures relating to certain material regarding the protection or security of a witness; creating a criminal offense.

TX HB908

Relating to the sealing of and discovery procedures relating to certain recordings of children constituting evidence in a criminal case in a criminal hearing or proceeding; creating a criminal offense.

TX HB2850

Relating to discovery procedures for civil actions brought under the Family Code.

TX HB4504

Relating to the nonsubstantive revision of certain provisions of the Code of Criminal Procedure, including conforming amendments.

TX HB2963

Relating to the authority of a court to grant a motion for a new trial in certain criminal cases.

TX SB1273

Relating to the authority of a court to grant a motion for a new trial in certain criminal cases.

TX HB3758

Relating to repealing civil asset forfeiture provisions and establishing criminal asset forfeiture in this state.

TX HB4635

Relating to organized crime, racketeering activities, and collection of unlawful debts; providing a civil penalty; creating criminal offenses.

TX HB4622

Relating to the manner in which certain criminal and juvenile proceedings are conducted.

TX HB3183

Relating to the use of in-custody informant testimony in a criminal trial.

Similar Bills

NJ S2843

Requires certain insurers to disclose policy limits upon request by an attorney under certain circumstances.

NJ A4293

Requires certain insurers to disclose policy limits upon request by an attorney under certain circumstances.

CA SB441

Criminal procedure: discovery.

TX SB1611

Relating to discovery in a criminal case.

TX SB91

Relating to discovery in a criminal case.

TX HB1647

Relating to discovery in a criminal case.

TX HB1426

Relating to discovery in a criminal case.

TX SB1526

Relating to discovery in a criminal case.