89R9854 JRR-F
By: Hickland H.B. No. 2449
A BILL TO BE ENTITLED
AN ACT
relating to discovery requirements for pro se defendants in a
criminal case.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 39.14(d), Code of Criminal Procedure, is
amended to read as follows:
(d) In the case of a pro se defendant, if the court orders
the state to produce and permit the inspection of a document, item,
or information under this subsection, the state shall [permit the
pro se defendant to inspect and review the document, item, or
information but is not required to] allow electronic duplication as
described by Subsection (a). The court order may require or
authorize the state to redact the same sensitive information that
is required to be redacted under Subsection (f) before the state
allows electronic duplication of the document, item, or information
containing the sensitive information. Before allowing electronic
duplication pursuant to a court order issued under this subsection,
the attorney representing the state shall require the pro se
defendant to sign an affidavit acknowledging the defendant's duty
under Subsection (e) to not disclose to a third party any documents,
evidence, materials, or witness statements received from the state
under this article unless the disclosure is specifically authorized
under that subsection or is for the purpose of obtaining legal
representation. An affidavit under this subsection, or written
information provided with the affidavit, must direct the pro se
defendant to the relevant laws regarding the preservation and
protection of evidence from unlawful disclosure.
SECTION 2. The change in law made by this Act applies only
to a criminal proceeding that commences on or after the effective
date of this Act. A criminal proceeding that commences before the
effective date of this Act is governed by the law in effect on the
date the proceeding commenced, and the former law is continued in
effect for that purpose.
SECTION 3. This Act takes effect September 1, 2025.