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