Texas 2013 - 83rd Regular

Texas Senate Bill SB1611

Filed
 
Out of Senate Committee
 
Voted on by Senate
 
Out of House Committee
 
Voted on by House
 
Governor Action
 

Caption

Relating to discovery in a criminal case.

Impact

The bill's provisions are designed to ensure that transparency and fairness are upheld in the criminal justice system. By mandating that the state disclose all pertinent information to defendants, including evidence that could negate guilt or mitigate punishment, SB1611 seeks to rectify past injustices and align Texas law with principles of due process. This is particularly important in light of wrongful convictions, as it seeks to prevent similar occurrences by empowering defendants with access to essential evidence throughout their proceedings.

Summary

SB1611, also known as the Michael Morton Act, aims to reform discovery processes in criminal cases within the state of Texas. The bill modifies Article 39.14 of the Code of Criminal Procedure, establishing clearer guidelines for the state's obligations regarding the disclosure of evidence to defendants. This includes requiring the state to provide any material evidence that may be favorable to the defendant, particularly exculpatory evidence that could impact the outcome of the case. The changes signify a significant enhancement of defendants' rights in relation to access to evidence.

Contention

Notable points of contention arose during discussions about the bill, particularly concerning the obligations imposed on law enforcement and the state. Opponents voiced concerns over the practical implications of implementing such disclosures, fearing it may complicate investigations and potentially jeopardize ongoing cases. Supporters argue that the responsibility to provide such evidence is critical for upholding constitutional rights and ensuring fair trials, indicating a growing recognition of the importance of discovery reform in the state’s legal framework.

Companion Bills

No companion bills found.

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 HB1258

Relating to grand jury proceedings; providing a punishment for contempt of court.

TX HB2850

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

TX HB1230

Relating to the creation of a witness protection unit within the Department of Public Safety.

TX HB4504

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

TX HB3400

Relating to the release of defendants on bail, the duties of a magistrate in certain criminal proceedings, and the appointment of certain criminal law hearing officers; creating a criminal offense.

TX HB3758

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

TX HB7

Relating to measures to address public safety threats in this state presented by transnational criminal activity, including by establishing a Texas Border Force, and to compensate persons affected by those threats; increasing criminal penalties; creating criminal offenses.

TX HB61

Relating to measures to address public safety threats in this state presented by transnational criminal activity, including by establishing a Texas Border Force, and to compensate persons affected by those threats; increasing criminal penalties; creating criminal offenses.

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CA SB557

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CA AB1634

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