| 1 | 1 | | 87R1298 MAW-D |
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| 2 | 2 | | By: Anchia H.B. No. 1125 |
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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 certain duties of law enforcement agencies concerning |
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| 8 | 8 | | certain information subject to disclosure to a defendant. |
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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. This Act may be cited as the Richard Miles Act. |
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| 11 | 11 | | SECTION 2. Chapter 2, Code of Criminal Procedure, is |
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| 12 | 12 | | amended by adding Article 2.1397 to read as follows: |
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| 13 | 13 | | Art. 2.1397. DUTIES OF LAW ENFORCEMENT AGENCY FILING CASE. |
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| 14 | 14 | | (a) In this article: |
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| 15 | 15 | | (1) "Attorney representing the state" means an |
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| 16 | 16 | | attorney authorized by law to represent the state in a criminal |
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| 17 | 17 | | case, including a district attorney, criminal district attorney, |
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| 18 | 18 | | county attorney with criminal jurisdiction, or city or municipal |
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| 19 | 19 | | attorney. |
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| 20 | 20 | | (2) "Law enforcement agency" means an agency of the |
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| 21 | 21 | | state or an agency of a political subdivision of the state |
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| 22 | 22 | | authorized by law to employ peace officers. |
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| 23 | 23 | | (b) A law enforcement agency filing a case with the attorney |
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| 24 | 24 | | representing the state shall include with the case file: |
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| 25 | 25 | | (1) all documents, items, and information in the |
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| 26 | 26 | | possession of the agency that are required to be disclosed to the |
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| 27 | 27 | | defendant in the case under Article 39.14; and |
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| 28 | 28 | | (2) a written statement by a peace officer employed by |
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| 29 | 29 | | the agency acknowledging that the documents, items, and information |
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| 30 | 30 | | filed with the case under Subdivision (1) constitute all of the |
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| 31 | 31 | | documents, items, and information in the possession of the agency |
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| 32 | 32 | | that are required to be disclosed to the defendant in the case under |
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| 33 | 33 | | Article 39.14. |
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| 34 | 34 | | (c) If at any time after the case is filed with the attorney |
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| 35 | 35 | | representing the state the law enforcement agency discovers or |
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| 36 | 36 | | acquires any additional document, item, or information required to |
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| 37 | 37 | | be disclosed to the defendant under Article 39.14, a peace officer |
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| 38 | 38 | | employed by the agency shall promptly transmit the document, item, |
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| 39 | 39 | | or information to the attorney representing the state. |
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| 40 | 40 | | (d) A law enforcement agency shall promptly disclose to each |
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| 41 | 41 | | attorney representing the state with whom the agency files cases |
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| 42 | 42 | | the identity of each peace officer or other employee of the agency |
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| 43 | 43 | | for whom a finding of misconduct has been sustained if that finding |
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| 44 | 44 | | would be required to be disclosed to a defendant under Article |
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| 45 | 45 | | 39.14. |
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| 46 | 46 | | SECTION 3. This Act takes effect September 1, 2021. |
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