| 1 | 1 | | By: Zaffirini S.B. No. 1872 |
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| 2 | 2 | | (In the Senate - Filed March 11, 2009; March 24, 2009, read |
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| 3 | 3 | | first time and referred to Committee on Jurisprudence; |
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| 4 | 4 | | April 16, 2009, reported favorably by the following vote: Yeas 5, |
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| 5 | 5 | | Nays 0; April 16, 2009, sent to printer.) |
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| 6 | 6 | | |
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| 7 | 7 | | |
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| 8 | 8 | | A BILL TO BE ENTITLED |
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| 9 | 9 | | AN ACT |
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| 10 | 10 | | relating to the use of information and records acquired during a |
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| 11 | 11 | | fatality review and investigation. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Section 672.009, Health and Safety Code, is |
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| 14 | 14 | | amended by adding Subsection (e) to read as follows: |
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| 15 | 15 | | (e) Information, documents, and records that are |
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| 16 | 16 | | confidential as provided by this section are not subject to |
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| 17 | 17 | | subpoena or discovery and may not be introduced into evidence in any |
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| 18 | 18 | | civil or criminal proceeding. A document or other information that |
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| 19 | 19 | | is otherwise available from another source is not protected from |
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| 20 | 20 | | subpoena, discovery, or introduction into evidence under this |
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| 21 | 21 | | subsection solely because the document or information was acquired |
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| 22 | 22 | | by a review team in the exercise of its duties under this chapter. |
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| 23 | 23 | | SECTION 2. The change in law made by this Act applies to a |
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| 24 | 24 | | civil or criminal proceeding commenced on or after the effective |
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| 25 | 25 | | date of this Act. A civil or criminal proceeding commenced before |
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| 26 | 26 | | the effective date of this Act is governed by the law as it existed |
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| 27 | 27 | | immediately before that date, and that law is continued in effect |
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| 28 | 28 | | for that purpose. |
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| 29 | 29 | | SECTION 3. This Act takes effect September 1, 2009. |
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| 30 | 30 | | * * * * * |
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