| 1 | 1 | | 87R3215 JRR-D |
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| 2 | 2 | | By: Moody H.B. No. 973 |
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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 sealing of and discovery procedures relating to |
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| 8 | 8 | | certain recordings of children constituting evidence in a criminal |
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| 9 | 9 | | case in a criminal hearing or proceeding; creating a criminal |
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| 10 | 10 | | offense. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. The heading to Article 38.45, Code of Criminal |
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| 13 | 13 | | Procedure, is amended to read as follows: |
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| 14 | 14 | | Art. 38.45. EVIDENCE DEPICTING [OR DESCRIBING ABUSE OF OR] |
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| 15 | 15 | | SEXUAL CONDUCT BY CHILD OR MINOR. |
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| 16 | 16 | | SECTION 2. Article 38.45(a), Code of Criminal Procedure, is |
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| 17 | 17 | | amended to read as follows: |
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| 18 | 18 | | (a) During the course of a criminal hearing or proceeding, |
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| 19 | 19 | | the court may not make available or allow to be made available for |
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| 20 | 20 | | copying or dissemination to the public property or material: |
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| 21 | 21 | | (1) that constitutes child pornography, as described |
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| 22 | 22 | | by Section 43.26(a)(1), Penal Code; or |
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| 23 | 23 | | (2) the promotion or possession of which is prohibited |
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| 24 | 24 | | under Section 43.261, Penal Code[; or |
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| 25 | 25 | | [(3) that is described by Section 2 or 5, Article |
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| 26 | 26 | | 38.071, of this code]. |
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| 27 | 27 | | SECTION 3. The heading to Article 39.14, Code of Criminal |
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| 28 | 28 | | Procedure, is amended to read as follows: |
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| 29 | 29 | | Art. 39.14. DISCOVERY; OFFENSE. |
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| 30 | 30 | | SECTION 4. Article 39.14, Code of Criminal Procedure, is |
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| 31 | 31 | | amended by amending Subsection (f) and adding Subsections (f-1), |
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| 32 | 32 | | (f-2), and (f-3) to read as follows: |
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| 33 | 33 | | (f) Except as provided by Subsection (f-1), the [The] |
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| 34 | 34 | | attorney representing the defendant, or an investigator, expert, |
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| 35 | 35 | | consulting legal counsel, or agent for the attorney representing |
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| 36 | 36 | | the defendant, may allow a defendant, witness, or prospective |
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| 37 | 37 | | witness to view the information provided under this article, but |
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| 38 | 38 | | may not allow that person to have copies of the information |
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| 39 | 39 | | provided, other than a copy of the witness's own statement. Before |
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| 40 | 40 | | allowing that person to view a document or the witness statement of |
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| 41 | 41 | | another under this subsection, the person possessing the |
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| 42 | 42 | | information shall redact the address, telephone number, driver's |
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| 43 | 43 | | license number, social security number, date of birth, and any bank |
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| 44 | 44 | | account or other identifying numbers contained in the document or |
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| 45 | 45 | | witness statement. |
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| 46 | 46 | | (f-1) The attorney representing the defendant may allow the |
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| 47 | 47 | | defendant or an investigator, expert, consulting legal counsel, or |
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| 48 | 48 | | agent for the attorney representing the defendant to view a |
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| 49 | 49 | | recording described by Section 2 or 5, Article 38.071, in the |
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| 50 | 50 | | presence of the attorney representing the defendant but may not |
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| 51 | 51 | | allow any of those persons to have a copy of the recording. |
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| 52 | 52 | | (f-2) A person commits an offense if the person recklessly |
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| 53 | 53 | | violates Subsection (f-1). An offense under this subsection is a |
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| 54 | 54 | | state jail felony. |
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| 55 | 55 | | (f-3) For purposes of Subsection (f) or (f-1) [this |
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| 56 | 56 | | article], the defendant may not be the agent for the attorney |
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| 57 | 57 | | representing the defendant. |
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| 58 | 58 | | SECTION 5. The heading to Article 39.15, Code of Criminal |
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| 59 | 59 | | Procedure, is amended to read as follows: |
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| 60 | 60 | | Art. 39.15. DISCOVERY OF EVIDENCE DEPICTING [OR DESCRIBING |
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| 61 | 61 | | ABUSE OF OR] SEXUAL CONDUCT BY CHILD OR MINOR. |
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| 62 | 62 | | SECTION 6. Article 39.15(a), Code of Criminal Procedure, is |
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| 63 | 63 | | amended to read as follows: |
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| 64 | 64 | | (a) In the manner provided by this article, a court shall |
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| 65 | 65 | | allow discovery under Article 39.14 of property or material: |
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| 66 | 66 | | (1) that constitutes child pornography, as described |
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| 67 | 67 | | by Section 43.26(a)(1), Penal Code; or |
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| 68 | 68 | | (2) the promotion or possession of which is prohibited |
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| 69 | 69 | | under Section 43.261, Penal Code[; or |
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| 70 | 70 | | [(3) that is described by Section 2 or 5, Article |
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| 71 | 71 | | 38.071, of this code]. |
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| 72 | 72 | | SECTION 7. The change in law made by this Act applies to the |
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| 73 | 73 | | prosecution of an offense committed on or after the effective date |
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| 74 | 74 | | of this Act. The prosecution of an offense committed before the |
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| 75 | 75 | | effective date of this Act is governed by the law in effect on the |
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| 76 | 76 | | date the offense was committed, and the former law is continued in |
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| 77 | 77 | | effect for that purpose. For purposes of this section, an offense |
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| 78 | 78 | | is committed before the effective date of this Act if any element of |
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| 79 | 79 | | the offense occurs before the effective date. |
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| 80 | 80 | | SECTION 8. This Act takes effect September 1, 2021. |
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