Texas House Bill HB842

Texas 2021 - 87th Regular

Caption

Relating to the disclosure in a criminal case of certain criminal history record information.

Impact

The enactment of HB 842 will modify existing state laws regarding the introduction of evidence related to past criminal actions by defendants or witnesses. By mandating that the state discloses such information promptly and in its original format retrieved from data sources like the Department of Public Safety, it aims to ensure that defendants have access to critical information that could influence their defense strategy. This will enhance the obligations of prosecutors concerning the evidence disclosure process and may lead to a more equitable treatment of defendants in court.

Summary

House Bill 842 is aimed at streamlining the disclosure process of criminal history record information in criminal cases in Texas. The bill introduces amendments to Chapter 38 of the Code of Criminal Procedure, specifically adding Article 38.51, which outlines the requirements for timely disclosure of relevant criminal history information by the prosecution to the defendant. This ensures that defendants are adequately informed about the criminal records that may be introduced as evidence against them, thereby promoting fair trial practices and transparency in judicial processes.

Contention

While most discussions around HB 842 were focused on enhancing disclosure practices, there may be points of contention regarding how the bill balances the need for timely information against the rights of victims and the potential implications on criminal proceedings. Critics might raise concerns about the overwhelming amount of information disclosed and its relevance, or how this transparency could affect the prosecution's ability to present certain evidence, especially that which enhances the severity of the sentence based on prior history. Overall, the legislation received mixed reactions during discussions, highlighting varying perspectives on criminal justice reform.