87R3216 JRR-D
By: Moody H.B. No. 842
A BILL TO BE ENTITLED
AN ACT
relating to the disclosure in a criminal case of certain criminal
history record information.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 38, Code of Criminal Procedure, is
amended by adding Article 38.51 to read as follows:
Art. 38.51. TIMELY DISCLOSURE OF CRIMINAL HISTORY RECORD
INFORMATION SUFFICIENT FOR PURPOSES OF CERTAIN NOTICE
REQUIREMENTS. (a) In this article, "criminal history record
information" has the meaning assigned by Section 411.082,
Government Code.
(b) This article applies to the notice requirements
relating to the state's intention to introduce evidence of other
crimes, wrongs, or acts committed by the defendant or evidence of
the prior criminal record of a potential witness in the case as
permitted by:
(1) Section 3, Article 37.07, or Article 38.37;
(2) Rule 404 or 609, Texas Rules of Evidence; or
(3) another law authorizing the introduction of that
evidence following notice by the state.
(c) Notwithstanding any other law, if the attorney
representing the state timely discloses to the defendant or the
attorney representing the defendant criminal history record
information in the original format in which the information was
retrieved from a database maintained by the Department of Public
Safety or the Federal Bureau of Investigation, including the Texas
Crime Information Center and National Crime Information Center, and
if that disclosure is made in accordance with Article 39.14, the
notice requirements described by Subsection (b) are satisfied with
respect to the criminal history record information contained in the
disclosure.
(d) Subsection (c) does not apply to criminal history record
information that the state intends to introduce for the purpose of
enhancing the punishment for an offense.
SECTION 2. Subchapter F, Chapter 411, Government Code, is
amended by adding Section 411.0844 to read as follows:
Sec. 411.0844. DISCLOSURE OF CRIMINAL HISTORY RECORD
INFORMATION IN CRIMINAL CASE. (a) An attorney representing the
state in a criminal case may disclose to the defendant or the
attorney representing the defendant criminal history record
information that relates to the defendant or a potential witness in
the case and that is obtained from the department or the Federal
Bureau of Investigation.
(b) The attorney representing the state shall provide with
the disclosure a copy of Section 411.085 providing criminal
penalties for the unauthorized obtaining, use, or disclosure of
criminal history record information.
SECTION 3. Article 38.51, Code of Criminal Procedure, as
added by this Act, applies only to a trial that begins on or after
the effective date of this Act, regardless of whether the alleged
offense was committed before, on, or after that date.
SECTION 4. This Act takes effect September 1, 2021.