| 5 | 3 | | |
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| 6 | 4 | | |
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| 7 | 5 | | A BILL TO BE ENTITLED |
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| 8 | 6 | | AN ACT |
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| 9 | 7 | | relating to certain duties of law enforcement agencies concerning |
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| 10 | 8 | | certain information subject to disclosure to a defendant. |
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| 11 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 10 | | SECTION 1. Chapter 2, Code of Criminal Procedure, is |
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| 13 | 11 | | amended by adding Article 2.1397 to read as follows: |
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| 14 | 12 | | Art. 2.1397. DUTIES OF LAW ENFORCEMENT AGENCY FILING CASE. |
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| 15 | 13 | | (a) In this article: |
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| 16 | 14 | | (1) "Attorney representing the state" means an |
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| 17 | 15 | | attorney authorized by law to represent the state in a criminal |
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| 18 | | - | case, including a district attorney, criminal district attorney, or |
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| 19 | | - | county attorney with criminal jurisdiction. The term does not |
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| 20 | | - | include an attorney representing the state in a justice or |
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| 21 | | - | municipal court under Chapter 45. |
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| 16 | + | case, including a district attorney, criminal district attorney, |
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| 17 | + | county attorney with criminal jurisdiction, or city or municipal |
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| 18 | + | attorney. |
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| 22 | 19 | | (2) "Law enforcement agency" means an agency of the |
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| 23 | 20 | | state or an agency of a political subdivision of the state |
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| 24 | 21 | | authorized by law to employ peace officers. |
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| 25 | 22 | | (b) A law enforcement agency filing a case with the attorney |
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| 26 | 23 | | representing the state shall submit to the attorney representing |
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| 27 | 24 | | the state a written statement by an agency employee with knowledge |
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| 28 | 25 | | of the case acknowledging that all documents, items, and |
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| 29 | 26 | | information in the possession of the agency that are required to be |
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| 30 | 27 | | disclosed to the defendant in the case under Article 39.14 have been |
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| 31 | 28 | | transmitted to the attorney representing the state. |
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| 32 | 29 | | (c) If at any time after the case is filed with the attorney |
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| 33 | 30 | | representing the state the law enforcement agency discovers or |
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| 34 | 31 | | acquires any additional document, item, or information required to |
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| 35 | 32 | | be disclosed to the defendant under Article 39.14, an agency |
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| 36 | 33 | | employee shall promptly transmit the document, item, or information |
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| 37 | 34 | | to the attorney representing the state. |
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| 38 | 35 | | SECTION 2. This Act takes effect September 1, 2021. |
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