| Old | New | Differences | |
|---|---|---|---|
| 1 | 1 | 81R8188 JD-F | |
| 2 | 2 | By: Anchia H.B. No. 1360 | |
| 3 | 3 | ||
| 4 | 4 | ||
| 5 | 5 | A BILL TO BE ENTITLED | |
| 6 | 6 | AN ACT | |
| 7 | 7 | relating to the effect under the public information law of the | |
| 8 | 8 | disclosure of certain information by a prosecutor to defense | |
| 9 | 9 | counsel. | |
| 10 | 10 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | |
| 11 | 11 | SECTION 1. Chapter 38, Code of Criminal Procedure, is | |
| 12 | 12 | amended by adding Article 38.02 to read as follows: | |
| 13 | 13 | Art. 38.02. EFFECT UNDER PUBLIC INFORMATION LAW OF RELEASE | |
| 14 | 14 | OF CERTAIN INFORMATION. A release of information by an attorney | |
| 15 | 15 | representing the state to defense counsel for a purpose relating to | |
| 16 | 16 | the pending or reasonably anticipated prosecution of a criminal | |
| 17 | 17 | case is not considered a voluntary release of information to the | |
| 18 | 18 | public for purposes of Section 552.007, Government Code, and does | |
| 19 | 19 | not waive the right to assert in the future that the information is | |
| 20 | 20 | excepted from required disclosure under Chapter 552, Government | |
| 21 | 21 | Code. | |
| 22 | 22 | SECTION 2. This Act takes effect immediately if it receives | |
| 23 | 23 | a vote of two-thirds of all the members elected to each house, as | |
| 24 | 24 | provided by Section 39, Article III, Texas Constitution. If this | |
| 25 | 25 | Act does not receive the vote necessary for immediate effect, this | |
| 26 | 26 | Act takes effect September 1, 2009. |