| 1 | 1 | | 89R9854 JRR-F |
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| 2 | 2 | | By: Hickland H.B. No. 2449 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to discovery requirements for pro se defendants in a |
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| 10 | 10 | | criminal case. |
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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. Article 39.14(d), Code of Criminal Procedure, is |
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| 13 | 13 | | amended to read as follows: |
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| 14 | 14 | | (d) In the case of a pro se defendant, if the court orders |
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| 15 | 15 | | the state to produce and permit the inspection of a document, item, |
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| 16 | 16 | | or information under this subsection, the state shall [permit the |
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| 17 | 17 | | pro se defendant to inspect and review the document, item, or |
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| 18 | 18 | | information but is not required to] allow electronic duplication as |
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| 19 | 19 | | described by Subsection (a). The court order may require or |
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| 20 | 20 | | authorize the state to redact the same sensitive information that |
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| 21 | 21 | | is required to be redacted under Subsection (f) before the state |
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| 22 | 22 | | allows electronic duplication of the document, item, or information |
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| 23 | 23 | | containing the sensitive information. Before allowing electronic |
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| 24 | 24 | | duplication pursuant to a court order issued under this subsection, |
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| 25 | 25 | | the attorney representing the state shall require the pro se |
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| 26 | 26 | | defendant to sign an affidavit acknowledging the defendant's duty |
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| 27 | 27 | | under Subsection (e) to not disclose to a third party any documents, |
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| 28 | 28 | | evidence, materials, or witness statements received from the state |
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| 29 | 29 | | under this article unless the disclosure is specifically authorized |
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| 30 | 30 | | under that subsection or is for the purpose of obtaining legal |
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| 31 | 31 | | representation. An affidavit under this subsection, or written |
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| 32 | 32 | | information provided with the affidavit, must direct the pro se |
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| 33 | 33 | | defendant to the relevant laws regarding the preservation and |
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| 34 | 34 | | protection of evidence from unlawful disclosure. |
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| 35 | 35 | | SECTION 2. The change in law made by this Act applies only |
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| 36 | 36 | | to a criminal proceeding that commences on or after the effective |
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| 37 | 37 | | date of this Act. A criminal proceeding that commences before the |
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| 38 | 38 | | effective date of this Act is governed by the law in effect on the |
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| 39 | 39 | | date the proceeding commenced, and the former law is continued in |
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| 40 | 40 | | effect for that purpose. |
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| 41 | 41 | | SECTION 3. This Act takes effect September 1, 2025. |
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