83R2812 ADM-D
By: Canales H.B. No. 350
A BILL TO BE ENTITLED
AN ACT
relating to allowing defendants access to certain evidence of the
state in criminal cases.
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) and
(a-2) to read as follows:
(a) Subject to the restrictions provided by Article 39.15,
as soon as practicable after receiving a timely request from the
defendant before or during trial, the attorney representing the
state shall disclose to the defendant's counsel and permit
inspection, photocopying, scanning, and photographing [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 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 the inspection and copying or photographing by or on
behalf of the defendant] of any requested [designated] documents,
papers, written 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 [State] or any of its agencies. The
disclosures required under this article may be performed in any
manner that is mutually agreeable to the attorney representing the
state and the attorney representing the defendant [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 [State] or any of its agents or representatives or
employees. Nothing in this Act shall authorize the removal of such
evidence from the possession of the state [State], and any
inspection shall be in the presence of the attorney representing
the state [a representative of the State].
(a-1) On a showing of good cause, the court may at any time
enter an appropriate protective order that a specified disclosure
be denied, restricted, or deferred.
(a-2) On a showing that the attorney representing the state
has not made a good faith effort to comply with this article, the
court may make any order the court finds necessary under the
circumstances, including an order related to immediate disclosure,
contempt proceedings, delay or prohibition of the introduction of
evidence, or continuance of the matter. The court may also inform
the jury of any failure or refusal to disclose or any untimely
disclosure under this article.
SECTION 2. The change in law made by this Act applies to the
prosecution of an offense committed on or after the effective date
of this Act. The prosecution of an offense committed before the
effective date of this Act is covered by the law in effect when the
offense was committed, and the former law is continued in effect for
this purpose. For purposes of this section, an offense is committed
before the effective date of this Act if any element of the offense
occurs before the effective date.
SECTION 3. This Act takes effect September 1, 2013.