82R3749 SJM-D
By: Guillen H.B. No. 446
A BILL TO BE ENTITLED
AN ACT
relating to discovery in a criminal case and the consequences of a
failure to disclose certain discoverable evidence in a timely
manner.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 39.14, Code of Criminal Procedure, is
amended by amending Subsection (a) and adding Subsections (a-1),
(c), (d), and (e) to read as follows:
(a) Not later than the 30th day after the date an
information or indictment is filed in a criminal action [Upon
motion of the defendant showing good cause therefor and upon notice
to the other parties], except as provided by Article 39.15, the
court in which the [an] action is pending shall order the State
[before or during trial of a criminal action therein pending or on
trial] to produce and permit defense counsel to inspect [the
inspection] and, on the condition that defense counsel is
prohibited from further reproduction by or dissemination to a
person other than an agent of the attorney, to copy [copying] or
photograph [photographing by or on behalf of the defendant of] any
designated documents, papers, reports by law enforcement
personnel, written or electronically recorded statements of
witnesses, written or electronically recorded statements
[statement] of the defendant, ([except written statements of
witnesses and] except the work product of counsel in the case and
their investigators and their notes or report), books, accounts,
letters, photographs, objects or tangible things not privileged,
which constitute or contain evidence material to any matter
involved in the action and which are in the possession, custody or
control of the State or any of its agencies. The order shall
specify the time, place and manner of making the inspection and
taking the copies and photographs of any of the aforementioned
documents or tangible evidence; provided, however, that the rights
herein granted shall not extend to written communications between
the State or any of its agents or representatives or employees
except to the extent that all or part of the communications are
subject to disclosure under Rule 705, Texas Rules of Evidence.
Nothing in this Act shall authorize the removal of [such] evidence
described by this subsection from the possession of the State, and
defense counsel shall make any inspection [shall be] in the
presence of a representative of the State.
(a-1) Release of information held by a prosecuting attorney
to defense counsel in pending or reasonably anticipated litigation
is not a voluntary disclosure under Section 552.007, Government
Code, and does not bar the State from asserting exceptions to
required disclosure with respect to information released.
(c) The State shall supplement or amend, as necessary and
within a reasonable period, discovery ordered under this article.
If after the 10th day before trial begins, or during trial, the
State discloses evidence in violation of the reasonable period for
discovery required by this subsection and if the evidence is
materially favorable to the defendant, the manner in which defense
counsel uses that evidence at trial may not be considered against
the defendant in any subsequent review of the case.
(d) The prosecuting attorney may redact or otherwise edit
law enforcement reports or witness statements for good cause. If
defense counsel intentionally violates a court order relating to
discovery of a law enforcement report or witness statement, the
prosecuting attorney may restrict further discovery as necessary
under the circumstances. If as described by this subsection the
prosecuting attorney asserts good cause or alleges an intentional
violation of a court order relating to discovery of a law
enforcement report or witness statement, the court, on the defense
counsel's motion, shall hold a hearing to determine whether good
cause or the alleged violation exists. If the court is unable to
find good cause or an intentional violation of the court order, the
court shall order the prosecuting attorney to grant defense counsel
access to the redacted, edited, or restricted material or access to
further discovery to the extent otherwise permitted by this
article. This subsection does not prohibit the discovery of
evidence materially favorable to the defendant.
(e) A district or county attorney may enter into a written
agreement with a local criminal defense bar association regarding
the implementation of the discovery procedures described by this
article.
SECTION 2. The changes in law made by Article 39.14, Code of
Criminal Procedure, as amended by this Act, apply to a criminal
action for which the information or indictment was filed on or after
the effective date of this Act. A criminal action for which the
information or indictment was filed before the effective date of
this Act is covered by the law in effect on the date the information
or indictment was filed, and the former law is continued in effect
for that purpose.
SECTION 3. This Act takes effect September 1, 2011.