Texas House Bill HB1360

Texas 2009 - 81st Regular

• Out of House Committee: 4/6/09
• Voted on by House: 5/1/09
• Out of Senate Committee: 5/22/09
• Voted on by Senate: 5/27/09
• Governor Action: 6/19/09
• Enrolled: 5/29/09
• Passed: 6/19/09

Caption

Relating to the effect under the public information law of the disclosure of certain information by a prosecutor to defense counsel.

Impact

The amendment serves to provide clarity and reassurance to prosecutors regarding the handling of sensitive case information during legal proceedings. It aims to protect the integrity of ongoing investigations and legal strategies by maintaining confidentiality for certain discussed materials. The bill potentially impacts how information flows between legal entities and sets a precedent for confidentiality in interactions related to criminal cases.

Summary

House Bill 1360 proposes amendments to the Code of Criminal Procedure, specifically by adding Article 38.02. The bill addresses the implications of information disclosure by prosecutors to defense counsel in the context of pending or anticipated criminal prosecutions. It establishes that when an attorney representing the state releases information to defense counsel, this action is not considered a voluntary public release under Section 552.007 of the Government Code. Therefore, this disclosure does not forfeit the state’s right to assert that the information is exempt from public disclosure in the future.

Contention

While the bill appears straightforward, there may be concerns regarding transparency and public access to information. Opponents of such amendments might argue that they could restrict public oversight of criminal cases. By delineating what constitutes a non-voluntary disclosure, criticism may arise about the possibilities for misuse of this provision, where information that should be publicly accessible could be withheld under the guise of prosecutor-defendant communications. Balancing the need for confidentiality in legal proceedings with the principle of public information remains a critical discussion point surrounding this legislation.