By: Anchia (Senate Sponsor - West) H.B. No. 1360
(In the Senate - Received from the House May 4, 2009;
May 6, 2009, read first time and referred to Committee on Criminal
Justice; May 22, 2009, reported favorably by the following vote:
Yeas 6, Nays 0; May 22, 2009, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the effect under the public information law of the
disclosure of certain information by a prosecutor to defense
counsel.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 38, Code of Criminal Procedure, is
amended by adding Article 38.02 to read as follows:
Art. 38.02. EFFECT UNDER PUBLIC INFORMATION LAW OF RELEASE
OF CERTAIN INFORMATION. A release of information by an attorney
representing the state to defense counsel for a purpose relating to
the pending or reasonably anticipated prosecution of a criminal
case is not considered a voluntary release of information to the
public for purposes of Section 552.007, Government Code, and does
not waive the right to assert in the future that the information is
excepted from required disclosure under Chapter 552, Government
Code.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.
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