Texas 2009 - 81st Regular

Texas House Bill HB1104 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R5499 SJM-F
2	2	By: Guillen H.B. No. 1104
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to discovery in a criminal case and the consequences of a
8	8	failure to disclose certain discoverable evidence in a timely
9	9	manner.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Article 39.14, Code of Criminal Procedure, is
12	12	amended by amending Subsection (a) and adding Subsections (c), (d),
13	13	and (e) to read as follows:
14	14	(a) Not later than the 30th day after the date an
15	15	information or indictment is filed in a criminal action [Upon
16	16	motion of the defendant showing good cause therefor and upon notice
17	17	to the other parties], the court in which the [an] action is pending
18	18	shall order the State [before or during trial of a criminal action
19	19	therein pending or on trial] to produce and permit defense counsel
20	20	to inspect [the inspection] and, on the condition that defense
21	21	counsel is prohibited from further reproduction by or dissemination
22	22	to a person other than an agent of the attorney, to copy [copying]
23	23	or photograph [photographing by or on behalf of the defendant of]
24	24	any designated documents, papers, reports by law enforcement
25	25	personnel, written statements of witnesses, written statements
26	26	[statement] of the defendant, ([except written statements of
27	27	witnesses and] except the work product of counsel in the case and
28	28	their investigators and their notes or report), books, accounts,
29	29	letters, photographs, objects or tangible things not privileged,
30	30	which constitute or contain evidence material to any matter
31	31	involved in the action and which are in the possession, custody or
32	32	control of the State or any of its agencies. The order shall
33	33	specify the time, place and manner of making the inspection and
34	34	taking the copies and photographs of any of the aforementioned
35	35	documents or tangible evidence; provided, however, that the
36	36	rights herein granted shall not extend to written communications
37	37	between the State or any of its agents or representatives or
38	38	employees. Release of information held by a prosecuting attorney
39	39	to defense counsel in pending or reasonably anticipated litigation
40	40	is not a voluntary disclosure under Section 552.007, Government
41	41	Code, and does not bar the State from asserting exceptions to
42	42	required disclosure with respect to information released. Nothing
43	43	in this Act shall authorize the removal of [such] evidence
44	44	described by this subsection from the possession of the State, and
45	45	defense counsel shall make any inspection [shall be] in the
46	46	presence of a representative of the State.
47	47	(c) The State shall supplement or amend, as necessary and
48	48	within a reasonable period, discovery ordered under this article.
49	49	If after the 10th day before trial begins, or during trial, the
50	50	State discloses evidence in violation of the reasonable period for
51	51	discovery required by this subsection and if the evidence is
52	52	materially favorable to the defendant, the manner in which defense
53	53	counsel uses that evidence at trial may not be considered against
54	54	the defendant in any subsequent review of the case.
55	55	(d) The prosecuting attorney may redact law enforcement
56	56	reports or witness statements for good cause. If defense counsel
57	57	intentionally violates a court order relating to discovery of a law
58	58	enforcement report or a witness statement, the prosecuting attorney
59	59	may restrict further discovery as necessary under the
60	60	circumstances. This subsection does not prohibit the discovery of
61	61	evidence materially favorable to the defendant.
62	62	(e) A district or county attorney may enter into a written
63	63	agreement with a local criminal defense bar association regarding
64	64	the implementation of the discovery procedures described by this
65	65	article.
66	66	SECTION 2. The changes in law made by Article 39.14, Code of
67	67	Criminal Procedure, as amended by this Act, apply to a criminal
68	68	action for which the information or indictment was filed on or after
69	69	the effective date of this Act. A criminal action for which the
70	70	information or indictment was filed before the effective date of
71	71	this Act is covered by the law in effect on the date the information
72	72	or indictment was filed, and the former law is continued in effect
73	73	for that purpose.
74	74	SECTION 3. This Act takes effect September 1, 2009.