| 1 | 1 | | 86R3131 JRR-D |
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| 2 | 2 | | By: Moody H.B. No. 1316 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the disclosure in a criminal case of certain criminal |
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| 8 | 8 | | history record information. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Chapter 38, Code of Criminal Procedure, is |
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| 11 | 11 | | amended by adding Article 38.51 to read as follows: |
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| 12 | 12 | | Art. 38.51. TIMELY DISCLOSURE OF CRIMINAL HISTORY RECORD |
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| 13 | 13 | | INFORMATION SUFFICIENT FOR PURPOSES OF CERTAIN NOTICE |
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| 14 | 14 | | REQUIREMENTS. (a) In this article, "criminal history record |
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| 15 | 15 | | information" has the meaning assigned by Section 411.082, |
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| 16 | 16 | | Government Code. |
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| 17 | 17 | | (b) This article applies to the notice requirements |
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| 18 | 18 | | relating to the state's intention to introduce evidence of other |
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| 19 | 19 | | crimes, wrongs, or acts committed by the defendant or evidence of |
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| 20 | 20 | | the prior criminal record of a potential witness in the case as |
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| 21 | 21 | | permitted by: |
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| 22 | 22 | | (1) Section 3, Article 37.07, or Article 38.37; |
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| 23 | 23 | | (2) Rule 404 or 609, Texas Rules of Evidence; or |
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| 24 | 24 | | (3) another law authorizing the introduction of that |
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| 25 | 25 | | evidence following notice by the state. |
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| 26 | 26 | | (c) Notwithstanding any other law, if the attorney |
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| 27 | 27 | | representing the state timely discloses to the defendant or the |
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| 28 | 28 | | attorney representing the defendant criminal history record |
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| 29 | 29 | | information in the original format in which the information was |
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| 30 | 30 | | retrieved from a database maintained by the Department of Public |
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| 31 | 31 | | Safety or the Federal Bureau of Investigation, including the Texas |
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| 32 | 32 | | Crime Information Center and National Crime Information Center, and |
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| 33 | 33 | | if that disclosure is made in accordance with Article 39.14, the |
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| 34 | 34 | | notice requirements described by Subsection (b) are satisfied with |
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| 35 | 35 | | respect to the criminal history record information contained in the |
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| 36 | 36 | | disclosure. |
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| 37 | 37 | | (d) Subsection (c) does not apply to criminal history record |
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| 38 | 38 | | information that the state intends to introduce for the purpose of |
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| 39 | 39 | | enhancing the punishment for an offense. |
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| 40 | 40 | | SECTION 2. Subchapter F, Chapter 411, Government Code, is |
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| 41 | 41 | | amended by adding Section 411.0844 to read as follows: |
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| 42 | 42 | | Sec. 411.0844. DISCLOSURE OF CRIMINAL HISTORY RECORD |
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| 43 | 43 | | INFORMATION IN CRIMINAL CASE. (a) An attorney representing the |
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| 44 | 44 | | state in a criminal case may disclose to the defendant or the |
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| 45 | 45 | | attorney representing the defendant criminal history record |
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| 46 | 46 | | information that relates to the defendant or a potential witness in |
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| 47 | 47 | | the case and that is obtained from the department or the Federal |
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| 48 | 48 | | Bureau of Investigation. |
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| 49 | 49 | | (b) The attorney representing the state shall provide with |
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| 50 | 50 | | the disclosure a copy of Section 411.085 providing criminal |
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| 51 | 51 | | penalties for the unauthorized obtaining, use, or disclosure of |
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| 52 | 52 | | criminal history record information. |
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| 53 | 53 | | SECTION 3. Article 38.51, Code of Criminal Procedure, as |
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| 54 | 54 | | added by this Act, applies only to a trial that begins on or after |
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| 55 | 55 | | the effective date of this Act, regardless of whether the alleged |
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| 56 | 56 | | offense was committed before, on, or after that date. |
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| 57 | 57 | | SECTION 4. This Act takes effect September 1, 2019. |
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