87R22226 MAW-D
By: West, et al. S.B. No. 111
(Collier)
Substitute the following for S.B. No. 111: No.
A BILL TO BE ENTITLED
AN ACT
relating to certain duties of law enforcement agencies concerning
certain information subject to disclosure to a defendant.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 2, Code of Criminal Procedure, is
amended by adding Article 2.1397 to read as follows:
Art. 2.1397. DUTIES OF LAW ENFORCEMENT AGENCY FILING CASE.
(a) In this article:
(1) "Attorney representing the state" means an
attorney authorized by law to represent the state in a criminal
case, including a district attorney, criminal district attorney, or
county attorney with criminal jurisdiction. The term does not
include an attorney representing the state in a justice or
municipal court under Chapter 45.
(2) "Law enforcement agency" means an agency of the
state or an agency of a political subdivision of the state
authorized by law to employ peace officers.
(b) A law enforcement agency filing a case with the attorney
representing the state shall submit to the attorney representing
the state a written statement by an agency employee with knowledge
of the case acknowledging that all documents, items, and
information in the possession of the agency that are required to be
disclosed to the defendant in the case under Article 39.14 have been
disclosed to the attorney representing the state.
(c) If at any time after the case is filed with the attorney
representing the state the law enforcement agency discovers or
acquires any additional document, item, or information required to
be disclosed to the defendant under Article 39.14, an agency
employee shall promptly disclose the document, item, or information
to the attorney representing the state.
SECTION 2. This Act takes effect September 1, 2021.