Texas Senate Bill SB1872

Texas 2009 - 81st Regular

• Out of Senate Committee: 4/16/09

Caption

Relating to the use of information and records acquired during a fatality review and investigation.

Impact

The bill's implications are significant for the conduct of civil and criminal proceedings in Texas. By establishing that reviewed documents and records are exempt from being subpoenaed, it protects sensitive information, potentially impacting the ability of legal parties to access certain evidence. This change applies to any civil or criminal proceedings initiated after the act's effective date, which is set for September 1, 2009. Pre-existing cases before this date will continue to be governed by previous law, maintaining continuity for ongoing legal contexts.

Summary

SB1872 aims to modify the use of information and records gathered during fatality reviews and investigations. Specifically, the bill introduces a new provision in the Health and Safety Code that ensures any information, documents, and records identified as confidential will not be subject to subpoena or discovery. This means such information cannot be introduced in any civil or criminal proceedings, thereby strengthening confidentiality protections for sensitive data obtained through these reviews.

Contention

Notably, while the bill aims to bolster confidentiality, this can lead to concerns regarding transparency and the ability to challenge findings from fatality reviews. By limiting access to such information, critics may argue that it could handicap legal proceedings, particularly in cases where such evidence might be crucial for establishing accountability or wrongdoing. Thus, discussions around this bill may raise important questions about the balance between confidentiality in sensitive situations and the rights of litigants to access evidence relevant to their cases.