Texas House Bill HB2999

Texas 2009 - 81st Regular

Caption

Relating to the exclusion of certain witnesses during a criminal proceeding.

Impact

The proposed change would have implications for the handling of witness testimony in criminal trials. With the ability to include a designated representative, it is expected that the prosecuting attorney's office will have a consistent presence during proceedings, facilitating better communication and possibly impacting the litigation strategy. This could also streamline processes during trials where multiple parties are involved.

Summary

House Bill 2999 aims to amend Article 36.03 of the Code of Criminal Procedure specifically about the exclusion of witnesses during criminal proceedings. This bill allows a prosecuting attorney to designate one individual who is an officer or employee of a party that is not a natural person to act as the state's courtroom representative. This designated representative would not be excluded from the courtroom under the current exclusionary rules, which is a significant departure from the existing practice.

Conclusion

If enacted, HB2999 would be effective as of September 1, 2009, and would apply to criminal proceedings commencing after this date. Older cases would remain subject to the prior legal framework, ensuring that there is no retroactive application of the new rules, which might affect ongoing trials.

Contention

As this bill modifies the procedural rules regarding witness exclusions, it may spark debate regarding the impact on defendants' rights and the trial process. Advocates for the bill might argue that it enhances the representation of the state in the proceedings, while critics may be concerned about potential biases or the undermining of the traditional witness exclusion protocols which are designed to ensure fair trials.