Texas 2013 - 83rd Regular

Texas House Bill HB1426

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 1426 is significant as it reinforces the rights of defendants in criminal proceedings by mandating the state to be more forthcoming with the information it possesses. This legislative change aims to level the playing field between the prosecution and the defense and is particularly relevant for cases involving complex evidence or multiple witnesses. Furthermore, the bill outlines the procedural requirements that must be followed for disclosure, which could lead to greater clarity in how evidence is handled during trials. However, the bill also allows for exceptions in certain circumstances, such as protection of victim information.

Summary

House Bill 1426 addresses the procedures related to the discovery of evidence in criminal cases within Texas. The bill modifies Article 39.14 of the Code of Criminal Procedure to outline specific obligations for the state to disclose evidence that may be pertinent to a defendant's case. This includes the requirement to disclose exculpatory evidence, witness statements, and records related to the defendant's prior criminal history. Additionally, the bill establishes a continuing duty for both the state and the defendant to disclose any newly discovered material or information relevant to the trial, ensuring transparency and fairness in the judicial process.

Sentiment

The general sentiment surrounding HB 1426 appears to be supportive among those advocating for criminal justice reform and the rights of defendants. Proponents argue that the bill is a crucial step toward ensuring that defendants have access to the evidence needed to mount an effective defense. Conversely, some concerns have been raised by various stakeholders regarding the potential for delays in proceedings and the burden this may place on the prosecution to comply with the extensive disclosure requirements. Overall, the sentiment reflects a balance of the interests in increasing fairness while maintaining the efficiency of the judicial process.

Contention

Notable points of contention discussed in relation to HB 1426 include the balance between the rights of defendants and the state's responsibilities to maintain public safety. Critics of the bill have expressed fears that overly broad disclosure requirements could impede investigations or compromise sensitive information, particularly concerning victims. As the legislation moves forward, discussions emphasize the need to carefully consider how best to implement these changes without hindering the prosecution's ability to effectively manage cases. The bill aims to find a compromise that respects the rights of the accused while ensuring that the process remains efficient and just.

Companion Bills

TX SB91

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 SB91

Relating to discovery in a criminal case.

CA SB954

Mediation: confidentiality: disclosure.

PA HB1598

Further providing for definitions and for unlawful acts or practices and exclusions; and providing for child sexual abuse material generated by artificial intelligence.

LA HB371

Provides relative to discovery and inspection of certain types of evidence in criminal cases