Texas 2013 - 83rd Regular

Texas Senate Bill SB1611 Compare Versions

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1	1	By: Ellis, et al. S.B. No. 1611
2	2	(Thompson of Harris, Lewis, Moody, Farney,
3	3	Davis of Dallas)
4	4
5	5
6	6	A BILL TO BE ENTITLED
7	7	AN ACT
8	8	relating to discovery in a criminal case.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. This Act shall be known as the Michael Morton
11	11	Act.
12	12	SECTION 2. Article 39.14, Code of Criminal Procedure, is
13	13	amended by amending Subsection (a) and adding Subsections (c)
14	14	through (j) to read as follows:
15	15	(a) Subject to the restrictions provided by Section
16	16	264.408, Family Code, and Article 39.15 of this code, as soon as
17	17	practicable after receiving a timely request from the defendant the
18	18	state shall [Upon motion of the defendant showing good cause
19	19	therefor and upon notice to the other parties, except as provided by
20	20	Article 39.15, the court in which an action is pending shall order
21	21	the State before or during trial of a criminal action therein
22	22	pending or on trial to] produce and permit the inspection and the
23	23	electronic duplication, copying, and [or] photographing, by or on
24	24	behalf of the defendant, of any offense reports, any designated
25	25	documents, papers, written or recorded statements [statement] of
26	26	the defendant or a witness, including witness statements of law
27	27	enforcement officers but not including[, (except written
28	28	statements of witnesses and except] the work product of counsel for
29	29	the state in the case and their investigators and their notes or
30	30	report[)], or any designated books, accounts, letters,
31	31	photographs, or objects or other tangible things not otherwise
32	32	privileged that[, which] constitute or contain evidence material to
33	33	any matter involved in the action and that [which] are in the
34	34	possession, custody, or control of the state or any person under
35	35	contract with the state [State or any of its agencies]. The state
36	36	may provide to the defendant electronic duplicates of any documents
37	37	or other information described by this article. The [order shall
38	38	specify the time, place and manner of making the inspection and
39	39	taking the copies and photographs of any of the aforementioned
40	40	documents or tangible evidence; provided, however, that the] rights
41	41	granted to the defendant under this article do [herein granted
42	42	shall] not extend to written communications between the state and
43	43	an agent, representative, or employee of the state. This article
44	44	does not authorize [State or any of its agents or representatives or
45	45	employees. Nothing in this Act shall authorize] the removal of the
46	46	documents, items, or information [such evidence] from the
47	47	possession of the state [State], and any inspection shall be in the
48	48	presence of a representative of the state [State].
49	49	(c) If only a portion of the applicable document, item, or
50	50	information is subject to discovery under this article, the state
51	51	is not required to produce or permit the inspection of the remaining
52	52	portion that is not subject to discovery and may withhold or redact
53	53	that portion. The state shall inform the defendant that a portion
54	54	of the document, item, or information has been withheld or
55	55	redacted. On request of the defendant, the court shall conduct a
56	56	hearing to determine whether withholding or redaction is justified
57	57	under this article or other law.
58	58	(d) In the case of a pro se defendant, if the court orders
59	59	the state to produce and permit the inspection of a document, item,
60	60	or information under this subsection, the state shall permit the
61	61	pro se defendant to inspect and review the document, item, or
62	62	information but is not required to allow electronic duplication as
63	63	described by Subsection (a).
64	64	(e) Except as provided by Subsection (f), the defendant, the
65	65	attorney representing the defendant, or an investigator, expert,
66	66	consulting legal counsel, or other agent of the attorney
67	67	representing the defendant may not disclose to a third party any
68	68	documents, evidence, materials, or witness statements received
69	69	from the state under this article unless:
70	70	(1) a court orders the disclosure upon a showing of
71	71	good cause after notice and hearing after considering the security
72	72	and privacy interests of any victim or witness; or
73	73	(2) the documents, evidence, materials, or witness
74	74	statements have already been publicly disclosed.
75	75	(f) The attorney representing the defendant, or an
76	76	investigator, expert, consulting legal counsel, or agent for the
77	77	attorney representing the defendant, may allow a defendant,
78	78	witness, or prospective witness to view the information provided
79	79	under this article, but may not allow that person to have copies of
80	80	the information provided, other than a copy of the witness's own
81	81	statement. Before allowing that person to view a document or the
82	82	witness statement of another under this subsection, the person
83	83	possessing the information shall redact the address, telephone
84	84	number, driver's license number, social security number, date of
85	85	birth, and any bank account or other identifying numbers contained
86	86	in the document or witness statement. For purposes of this section,
87	87	the defendant may not be the agent for the attorney representing the
88	88	defendant.
89	89	(g) Nothing in this section shall be interpreted to limit an
90	90	attorney's ability to communicate regarding his or her case within
91	91	the Texas Disciplinary Rules of Professional Conduct, except for
92	92	the communication of information identifying any victim or witness,
93	93	including name, except as provided in Subsections (e) and (f),
94	94	address, telephone number, driver's license number, social
95	95	security number, date of birth, and bank account information or any
96	96	information that by reference would make it possible to identify a
97	97	victim or a witness. Nothing in this subsection shall prohibit the
98	98	disclosure of identifying information to an administrative, law
99	99	enforcement, regulatory, or licensing agency for the purposes of
100	100	making a good faith complaint.
101	101	(h) Notwithstanding any other provision of this article,
102	102	the state shall disclose to the defendant any exculpatory,
103	103	impeachment, or mitigating document, item, or information in the
104	104	possession, custody, or control of the state that tends to negate
105	105	the guilt of the defendant or would tend to reduce the punishment
106	106	for the offense charged.
107	107	(i) The state shall electronically record or otherwise
108	108	document any document, item, or other information provided to the
109	109	defendant under this article.
110	110	(j) Before accepting a plea of guilty or nolo contendere, or
111	111	before trial, each party shall acknowledge in writing or on the
112	112	record in open court the disclosure, receipt, and list of all
113	113	documents, items, and information provided to the defendant under
114	114	this article.
115	115	(k) If at any time before, during, or after trial the state
116	116	discovers any additional document, item, or information required to
117	117	be disclosed under Subsection (h), the state shall promptly
118	118	disclose the existence of the document, item, or information to the
119	119	defendant or the court.
120	120	(l) A court may order the defendant to pay costs related to
121	121	discovery under this article, provided that costs may not exceed
122	122	the charges prescribed by Subchapter F, Chapter 552, Government
123	123	Code.
124	124	(m) To the extent of any conflict, this article prevails
125	125	over Chapter 552, Government Code.
126	126	(n) This article does not prohibit the parties from agreeing
127	127	to discovery and documentation requirements equal to or greater
128	128	than those required under this article.
129	129	SECTION 3. The change in law made by this Act applies to the
130	130	prosecution of an offense committed on or after the effective date
131	131	of this Act. The prosecution of an offense committed before the
132	132	effective date of this Act is covered by the law in effect when the
133	133	offense was committed, and the former law is continued in effect for
134	134	this purpose. For purposes of this section, an offense is committed
135	135	before the effective date of this Act if any element of the offense
136	136	occurs before the effective date.
137	137	SECTION 4. This Act takes effect January 1, 2014.