Texas 2023 - 88th Regular

Texas Senate Bill SB372 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	S.B. No. 372
2	2
3	3
4	4	AN ACT
5	5	relating to creating a criminal offense for the unauthorized
6	6	disclosure of non-public judicial opinions and judicial work
7	7	product.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Chapter 21, Government Code, is amended by
10	10	adding Section 21.013 to read as follows:
11	11	Sec. 21.013. CONFIDENTIALITY OF JUDICIAL WORK PRODUCT;
12	12	CRIMINAL OFFENSE. (a) In this section:
13	13	(1) "Judicial work product" means written,
14	14	electronic, or oral material prepared or communications made in the
15	15	course of an adjudicatory proceeding before a court determining
16	16	legal rights, powers, duties, or privileges. The term includes all
17	17	drafts of opinions or orders and memoranda of law.
18	18	(2) "Non-public judicial work product" means:
19	19	(A) any written or electronic judicial work
20	20	product other than documents filed with the clerk of a court for
21	21	release to the public; or
22	22	(B) any oral statement relating to judicial work
23	23	product made in a closed session of a court or in judicial chambers.
24	24	(b) This section applies to:
25	25	(1) a court established under Section 1, Article V,
26	26	Texas Constitution, other than a commissioners court; and
27	27	(2) a court subject to this subtitle.
28	28	(c) A justice or judge of a court shall comply with supreme
29	29	court rules governing the confidentiality of non-public judicial
30	30	work product.
31	31	(d) A person, other than a justice or judge, who is involved
32	32	in crafting an opinion or decision for an adjudicatory proceeding,
33	33	including a court staff attorney, court clerk, or law clerk, shall
34	34	maintain the confidentiality of all non-public judicial work
35	35	product in accordance with supreme court rules.
36	36	(e) A person, other than a justice or judge, with access to
37	37	non-public judicial work product commits an offense if the person
38	38	knowingly discloses, wholly or partly, the contents of any
39	39	non-public judicial work product to a person who is not a justice,
40	40	judge, court staff attorney, court clerk, law clerk, employee of an
41	41	agency established under Chapter 71 or 72, or other court staff
42	42	routinely involved in crafting an opinion or decision for an
43	43	adjudicatory proceeding.
44	44	(f) An offense under this section is a Class A misdemeanor.
45	45	(g) It is a defense to prosecution under this section that
46	46	the disclosure of the non-public judicial work product is
47	47	authorized:
48	48	(1) in writing by the justice or judge for whom the
49	49	work product is prepared; or
50	50	(2) under supreme court rules.
51	51	SECTION 2. As soon as practicable after the effective date
52	52	of this Act, the Texas Supreme Court shall adopt any rules necessary
53	53	to implement Section 21.013, Government Code, as added by this Act.
54	54	SECTION 3. This Act takes effect September 1, 2023.
55	55	______________________________ ______________________________
56	56	President of the Senate Speaker of the House
57	57	I hereby certify that S.B. No. 372 passed the Senate on
58	58	March 8, 2023, by the following vote: Yeas 31, Nays 0.
59	59	______________________________
60	60	Secretary of the Senate
61	61	I hereby certify that S.B. No. 372 passed the House on
62	62	May 19, 2023, by the following vote: Yeas 142, Nays 1, two
63	63	present not voting.
64	64	______________________________
65	65	Chief Clerk of the House
66	66	Approved:
67	67	______________________________
68	68	Date
69	69	______________________________
70	70	Governor