1 | | - | By: Moody (Senate Sponsor - Ellis) H.B. No. 510 |
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2 | | - | (In the Senate - Received from the House May 7, 2015; |
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3 | | - | May 11, 2015, read first time and referred to Committee on Criminal |
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4 | | - | Justice; May 21, 2015, reported favorably by the following vote: |
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5 | | - | Yeas 7, Nays 0; May 21, 2015, sent to printer.) |
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6 | | - | Click here to see the committee vote |
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| 1 | + | H.B. No. 510 |
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10 | 4 | | AN ACT |
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11 | 5 | | relating to disclosure of certain information about expert |
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12 | 6 | | witnesses in a criminal case. |
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13 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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14 | 8 | | SECTION 1. Article 39.14(b), Code of Criminal Procedure, is |
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15 | 9 | | amended to read as follows: |
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16 | 10 | | (b) On [motion of] a party's request made not later than the |
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17 | 11 | | 30th day before the date that jury selection in the trial is |
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18 | 12 | | scheduled to begin or, in a trial without a jury, the presentation |
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19 | 13 | | of evidence is scheduled to begin, the party receiving the request |
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20 | 14 | | shall [party and on notice to the other parties, the court in which |
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21 | 15 | | an action is pending may order one or more of the other parties to] |
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22 | 16 | | disclose to the requesting party [making the motion] the name and |
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23 | 17 | | address of each person the disclosing [other] party may use at trial |
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24 | 18 | | to present evidence under Rules 702, 703, and 705, Texas Rules of |
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25 | 19 | | Evidence. Except as otherwise provided by this subsection, the |
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26 | 20 | | disclosure must be made in writing in hard copy form or by |
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27 | 21 | | electronic means [The court shall specify in the order the time and |
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28 | 22 | | manner in which the other party must make the disclosure to the |
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29 | 23 | | moving party, but in specifying the time in which the other party |
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30 | 24 | | shall make disclosure the court shall require the other party to |
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31 | 25 | | make the disclosure] not later than the 20th day before the date |
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32 | 26 | | that jury selection in the trial is scheduled to begin or, in a |
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33 | 27 | | trial without a jury, the presentation of evidence is scheduled to |
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34 | 28 | | begin. On motion of a party and on notice to the other parties, the |
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35 | 29 | | court may order an earlier time at which one or more of the other |
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36 | 30 | | parties must make the disclosure to the requesting party [begins]. |
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37 | 31 | | SECTION 2. The change in law made by this Act applies to the |
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38 | 32 | | prosecution of an offense committed on or after the effective date |
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39 | 33 | | of this Act. The prosecution of an offense committed before the |
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40 | 34 | | effective date of this Act is governed by the law in effect on the |
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41 | 35 | | date the offense was committed, and the former law is continued in |
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42 | 36 | | effect for that purpose. For purposes of this section, an offense |
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43 | 37 | | is committed before the effective date of this Act if any element of |
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44 | 38 | | the offense occurs before the effective date. |
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45 | 39 | | SECTION 3. This Act takes effect September 1, 2015. |
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46 | | - | * * * * * |
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| 40 | + | ______________________________ ______________________________ |
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| 41 | + | President of the Senate Speaker of the House |
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| 42 | + | I certify that H.B. No. 510 was passed by the House on May 6, |
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| 43 | + | 2015, by the following vote: Yeas 147, Nays 0, 2 present, not |
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| 44 | + | voting. |
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| 45 | + | ______________________________ |
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| 46 | + | Chief Clerk of the House |
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| 47 | + | I certify that H.B. No. 510 was passed by the Senate on May |
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| 48 | + | 22, 2015, by the following vote: Yeas 31, Nays 0. |
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| 49 | + | ______________________________ |
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| 50 | + | Secretary of the Senate |
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| 51 | + | APPROVED: _____________________ |
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| 52 | + | Date |
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| 53 | + | _____________________ |
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| 54 | + | Governor |
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