Texas 2009 - 81st Regular

Texas Senate Bill SB595

Filed
 
Out of Senate Committee
4/6/09  
Voted on by Senate
4/16/09  
Out of House Committee
5/7/09  
Voted on by House
5/18/09  
Governor Action
5/30/09  
Bill Becomes Law
 
Enrolled
5/19/09  

Caption

Relating to the sealing of and discovery procedures relating to evidence that constitutes child pornography in a criminal hearing or proceeding.

Impact

The bill has significant implications for the legal handling of sensitive evidence, particularly in cases involving child pornography. It emphasizes the importance of privacy and protection for victims while balancing the rights of defendants to access evidence necessary for their defense. By placing strict controls on how this type of evidence is handled in court, SB595 aims to safeguard the integrity of legal processes related to such serious charges.

Summary

SB595 seeks to amend the Texas Code of Criminal Procedure by adding specific procedures for handling evidence that constitutes child pornography in criminal hearings. The main objective of the bill is to ensure that such sensitive materials are not publicly disseminated during legal proceedings. The bill introduces provisions that require courts to place evidence related to child pornography under seal after a trial or hearing, thereby restricting access and mitigating the risk of public exposure.

Contention

While the bill received unanimous support in both the Senate and the House, discussions among legislative members highlighted potential concerns regarding the balance between protecting public safety and ensuring fair trial rights. Opponents may argue that such sealing measures could impede the transparency of legal processes, while supporters contend that the need for protecting vulnerable victims justifies these restrictions. The bill represents a crucial step in refining the judiciary's approach to particularly sensitive evidence.

Companion Bills

TX HB2067

Identical Relating to the sealing of and discovery procedures relating to evidence that constitutes child pornography in a criminal hearing or proceeding.

Previously Filed As

TX HB908

Relating to the sealing of and discovery procedures relating to certain recordings of children constituting evidence in a criminal case in a criminal hearing or proceeding; creating a criminal offense.

TX SB520

Relating to the confidentiality of and discovery procedures relating to certain material regarding the protection or security of a witness; creating a criminal offense.

TX SB129

Relating to the prosecution and punishment for possession or promotion of child pornography; increasing criminal penalties.

TX HB3400

Relating to the release of defendants on bail, the duties of a magistrate in certain criminal proceedings, and the appointment of certain criminal law hearing officers; creating a criminal offense.

TX HB946

Relating to spoliation of evidence held for use in a criminal proceeding.

TX HB2143

Relating to the punishment for possession of child pornography; increasing criminal penalties.

TX HB2850

Relating to discovery procedures for civil actions brought under the Family Code.

TX HB1258

Relating to grand jury proceedings; providing a punishment for contempt of court.

TX HB4866

Relating to the procedures and grounds for terminating the parent-child relationship.

TX HB5277

Relating to public access to criminal proceedings.

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