Texas 2011 - 82nd Regular

Texas House Bill HB489

Voted on by House
 
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to discovery in a criminal case.

Impact

The impact of HB 489 on state laws revolves around reinforcing the principle of transparency in criminal proceedings. By requiring timely and comprehensive disclosure from the state, the bill aims to preclude any unfair advantage that could be gained through surprise evidence or unshared documents. This should theoretically lead to more fair trials and uphold justice, as defendants will have access to essential materials needed for their defense. The law applies to cases for offenses committed after the bill's effective date, thereby signaling a shift towards progressive changes in Texas's criminal justice system.

Summary

House Bill 489 seeks to amend Article 39.14 of the Texas Code of Criminal Procedure, focusing on the discovery process in criminal cases. The proposed changes are designed to enhance the defendant's rights to access pertinent information and evidence that the state possesses, thereby fostering a more equitable legal process. The bill mandates that the state must disclose various types of materials, including exculpatory evidence, witness statements, and any documents related to the case that may impact the defendant's guilt or punishment. This aligns with a broader legal principle of ensuring that defendants have full knowledge of the evidence against them so they can mount a proper defense.

Sentiment

General sentiment around HB 489 appears to be supportive among legal aid organizations, defense attorneys, and advocacy groups that emphasize the importance of due process and fair trial rights. However, some members of law enforcement and certain prosecutorial bodies may view the amendments as burdensome, expressing concerns that broader disclosure could hinder their ability to effectively pursue convictions or protect sensitive information. Thus, the bill evokes a contrasting sentiment between advocates for defendants' rights and those who prioritize law enforcement's operational capabilities.

Contention

Notable points of contention surrounding HB 489 focus on the balance between transparency in legal proceedings and the potential risks associated with disclosing certain evidence. There are concerns about whether the bill might lead to the unintentional exposure of sensitive witness information or material that could compromise ongoing investigations. Opponents argue that while improving disclosure rights is necessary, there should be safeguarding measures to protect vulnerable individuals and maintain the integrity of judicial processes. Additionally, debates may arise regarding the logistical aspects of implementing such requirements within existing legal frameworks, particularly for smaller jurisdictions.

Companion Bills

TX SB1526

Similar Relating to discovery in a criminal case.

Previously Filed As

TX HB350

Relating to allowing defendants access to certain evidence of the state in criminal cases.

TX HB510

Relating to disclosure of certain information about expert witnesses in a criminal case.

TX HB3594

Relating to certain ongoing duties of an attorney representing the state that relate to exculpatory, impeachment, or mitigating evidence in a criminal case.

TX HB2449

Relating to discovery requirements for pro se defendants in a criminal case.

TX SB1124

Relating to discovery in a criminal case.

TX HB3330

Relating to discovery in a criminal case.

TX HB1625

Relating to discovery in a criminal case.

TX HB301

Relating to discovery in a criminal case.

Similar Bills

CA SB441

Criminal procedure: discovery.

TX SB1611

Relating to discovery in a criminal case.

TX SB91

Relating to discovery in a criminal case.

TX HB1426

Relating to discovery in a criminal case.

TX HB1647

Relating to discovery in a criminal case.

TX SB1526

Relating to discovery in a criminal case.

TX HB301

Relating to discovery in a criminal case.

CA SB954

Mediation: confidentiality: disclosure.