| 4 | 8 | | AN ACT |
|---|
| 5 | 9 | | relating to certain duties of law enforcement agencies concerning |
|---|
| 6 | 10 | | certain information subject to disclosure to a defendant. |
|---|
| 7 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 8 | 12 | | SECTION 1. Chapter 2, Code of Criminal Procedure, is |
|---|
| 9 | 13 | | amended by adding Article 2.1397 to read as follows: |
|---|
| 10 | 14 | | Art. 2.1397. DUTIES OF LAW ENFORCEMENT AGENCY FILING CASE. |
|---|
| 11 | 15 | | (a) In this article: |
|---|
| 12 | 16 | | (1) "Attorney representing the state" means an |
|---|
| 13 | 17 | | attorney authorized by law to represent the state in a criminal |
|---|
| 14 | 18 | | case, including a district attorney, criminal district attorney, or |
|---|
| 15 | 19 | | county attorney with criminal jurisdiction. The term does not |
|---|
| 16 | 20 | | include an attorney representing the state in a justice or |
|---|
| 17 | 21 | | municipal court under Chapter 45. |
|---|
| 18 | 22 | | (2) "Law enforcement agency" means an agency of the |
|---|
| 19 | 23 | | state or an agency of a political subdivision of the state |
|---|
| 20 | 24 | | authorized by law to employ peace officers. |
|---|
| 21 | 25 | | (b) A law enforcement agency filing a case with the attorney |
|---|
| 22 | 26 | | representing the state shall submit to the attorney representing |
|---|
| 23 | 27 | | the state a written statement by an agency employee with knowledge |
|---|
| 24 | 28 | | of the case acknowledging that all documents, items, and |
|---|
| 25 | 29 | | information in the possession of the agency that are required to be |
|---|
| 26 | 30 | | disclosed to the defendant in the case under Article 39.14 have been |
|---|
| 27 | 31 | | disclosed to the attorney representing the state. |
|---|
| 28 | 32 | | (c) If at any time after the case is filed with the attorney |
|---|
| 29 | 33 | | representing the state the law enforcement agency discovers or |
|---|
| 30 | 34 | | acquires any additional document, item, or information required to |
|---|
| 31 | 35 | | be disclosed to the defendant under Article 39.14, an agency |
|---|
| 32 | 36 | | employee shall promptly disclose the document, item, or information |
|---|
| 33 | 37 | | to the attorney representing the state. |
|---|
| 34 | 38 | | SECTION 2. This Act takes effect September 1, 2021. |
|---|
| 35 | | - | ______________________________ ______________________________ |
|---|
| 36 | | - | President of the Senate Speaker of the House |
|---|
| 37 | | - | I hereby certify that S.B. No. 111 passed the Senate on |
|---|
| 38 | | - | April 19, 2021, by the following vote: Yeas 31, Nays 0; and that |
|---|
| 39 | | - | the Senate concurred in House amendment on May 29, 2021, by the |
|---|
| 40 | | - | following vote: Yeas 31, Nays 0. |
|---|
| 41 | | - | ______________________________ |
|---|
| 42 | | - | Secretary of the Senate |
|---|
| 43 | | - | I hereby certify that S.B. No. 111 passed the House, with |
|---|
| 44 | | - | amendment, on May 26, 2021, by the following vote: Yeas 115, |
|---|
| 45 | | - | Nays 32, two present not voting. |
|---|
| 46 | | - | ______________________________ |
|---|
| 47 | | - | Chief Clerk of the House |
|---|
| 48 | | - | Approved: |
|---|
| 49 | | - | ______________________________ |
|---|
| 50 | | - | Date |
|---|
| 51 | | - | ______________________________ |
|---|
| 52 | | - | Governor |
|---|