Texas 2013 - 83rd Regular

Texas Senate Bill SB91

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

Caption

Relating to discovery in a criminal case.

Impact

The proposed changes to Article 39.14 of the Code of Criminal Procedure represent a significant shift in the balance of disclosure in criminal proceedings. By mandating that prosecutors disclose a broader array of evidence, the bill promotes transparency and accountability within the justice system. While proponents argue that these measures enhance the fairness of trials, there are concerns that the increased disclosure requirements may burden the judicial system and the prosecution, potentially leading to delays in trial proceedings.

Summary

Senate Bill 91 (SB91) aims to amend the discovery process in criminal cases by enhancing the responsibilities of the prosecution to disclose materials to the defense. The bill stipulates that the state must provide any exculpatory or impeachment evidence, written or recorded statements from the defendant and any witnesses the state plans to call, and documentation related to search and seizure, among other requirements. This change is intended to ensure that defendants have access to all relevant information necessary for a fair defense, strengthening the rights of the accused in the judicial process.

Sentiment

The sentiment surrounding SB91 is mixed, reflecting a fundamental divide between those advocating for defendant rights and those voicing concerns about implications for law enforcement. Supporters, including defense attorneys and civil rights advocates, view the bill as a positive step toward ensuring justice and preventing wrongful convictions. However, some law enforcement representatives have expressed apprehension about the operational challenges that may arise from the expanded disclosure requirements, suggesting that it could complicate the prosecution's ability to present cases effectively.

Contention

Notable points of contention include the implications of mandatory disclosure on investigative processes and the potential for tactical disadvantages for the prosecution. Critics argue that by mandating the release of information before trial, the bill might hinder police investigations or encourage defendants to exploit legal protections to their advantage. Nevertheless, supporters maintain that such measures are essential to uphold constitutional rights and ensure a fair legal process, making it a contentious legislative topic.

Companion Bills

TX HB1426

Identical 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 HB2850

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

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 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 HB4504

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

TX HB4622

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

TX HB4635

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

TX HB3758

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

TX HB1528

Relating to magistration proceedings for criminal defendants and the retention of related records, to services and representation provided to indigent criminal defendants and indigent juveniles, and to the governance and administration of the Texas Indigent Defense Commission.

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 HB1647

Relating to discovery in a criminal case.

TX SB1526

Relating to discovery in a criminal case.

TX HB1426

Relating to discovery in a criminal case.

TX HB301

Relating to discovery in a criminal case.