87R3215 JRR-D
By: Moody H.B. No. 973
A BILL TO BE ENTITLED
AN ACT
relating to the sealing of and discovery procedures relating to
certain recordings of children constituting evidence in a criminal
case in a criminal hearing or proceeding; creating a criminal
offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Article 38.45, Code of Criminal
Procedure, is amended to read as follows:
Art. 38.45. EVIDENCE DEPICTING [OR DESCRIBING ABUSE OF OR]
SEXUAL CONDUCT BY CHILD OR MINOR.
SECTION 2. Article 38.45(a), Code of Criminal Procedure, is
amended to read as follows:
(a) During the course of a criminal hearing or proceeding,
the court may not make available or allow to be made available for
copying or dissemination to the public property or material:
(1) that constitutes child pornography, as described
by Section 43.26(a)(1), Penal Code; or
(2) the promotion or possession of which is prohibited
under Section 43.261, Penal Code[; or
[(3) that is described by Section 2 or 5, Article
38.071, of this code].
SECTION 3. The heading to Article 39.14, Code of Criminal
Procedure, is amended to read as follows:
Art. 39.14. DISCOVERY; OFFENSE.
SECTION 4. Article 39.14, Code of Criminal Procedure, is
amended by amending Subsection (f) and adding Subsections (f-1),
(f-2), and (f-3) to read as follows:
(f) Except as provided by Subsection (f-1), the [The]
attorney representing the defendant, or an investigator, expert,
consulting legal counsel, or agent for the attorney representing
the defendant, may allow a defendant, witness, or prospective
witness to view the information provided under this article, but
may not allow that person to have copies of the information
provided, other than a copy of the witness's own statement. Before
allowing that person to view a document or the witness statement of
another under this subsection, the person possessing the
information shall redact the address, telephone number, driver's
license number, social security number, date of birth, and any bank
account or other identifying numbers contained in the document or
witness statement.
(f-1) The attorney representing the defendant may allow the
defendant or an investigator, expert, consulting legal counsel, or
agent for the attorney representing the defendant to view a
recording described by Section 2 or 5, Article 38.071, in the
presence of the attorney representing the defendant but may not
allow any of those persons to have a copy of the recording.
(f-2) A person commits an offense if the person recklessly
violates Subsection (f-1). An offense under this subsection is a
state jail felony.
(f-3) For purposes of Subsection (f) or (f-1) [this
article], the defendant may not be the agent for the attorney
representing the defendant.
SECTION 5. The heading to Article 39.15, Code of Criminal
Procedure, is amended to read as follows:
Art. 39.15. DISCOVERY OF EVIDENCE DEPICTING [OR DESCRIBING
ABUSE OF OR] SEXUAL CONDUCT BY CHILD OR MINOR.
SECTION 6. Article 39.15(a), Code of Criminal Procedure, is
amended to read as follows:
(a) In the manner provided by this article, a court shall
allow discovery under Article 39.14 of property or material:
(1) that constitutes child pornography, as described
by Section 43.26(a)(1), Penal Code; or
(2) the promotion or possession of which is prohibited
under Section 43.261, Penal Code[; or
[(3) that is described by Section 2 or 5, Article
38.071, of this code].
SECTION 7. The change in law made by this Act applies to the
prosecution of an offense committed on or after the effective date
of this Act. The prosecution of an offense committed before the
effective date of this Act is governed by the law in effect on the
date the offense was committed, and the former law is continued in
effect for that purpose. For purposes of this section, an offense
is committed before the effective date of this Act if any element of
the offense occurs before the effective date.
SECTION 8. This Act takes effect September 1, 2021.