89R8576 JRR-F
By: Cook H.B. No. 3330
A BILL TO BE ENTITLED
AN ACT
relating to discovery in a criminal case.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 39.14, Code of Criminal Procedure, is
amended by amending Subsections (a), (c), (d), (h-1), (i), and (n)
and adding Subsections (a-1), (a-2), (o), (p), and (q) to read as
follows:
(a) In this article, "the state" means:
(1) the attorney representing the state in the
criminal action; and
(2) any law enforcement agency that filed or
investigated any matter involved in the action.
(a-1) Subject to the restrictions provided by Chapter 58,
Family Code, Section 264.408, Family Code, and Articles [Article]
39.15 and 39.151 of this code, as soon as practicable after
receiving a timely and specific written request from the defendant,
the attorney representing the state shall produce and permit the
inspection and the electronic duplication, copying, and
photographing, by or on behalf of the defendant, of any offense
reports, any designated documents, papers, written or recorded
statements of the defendant or a witness, including witness
statements of law enforcement officers but not including the work
product of counsel for the state in the case and their investigators
and their notes or report, or any designated books, accounts,
letters, photographs, or objects or other tangible things not
otherwise privileged that constitute or contain evidence relevant
to any fact of consequence in determining [material to any matter
involved in] the action and that are in the possession, custody, or
control of the state or any person under contract with the state for
purposes of the action. The attorney representing the state may
provide to the defendant electronic duplicates of any documents or
other information described by this article. The rights granted to
the defendant under this article do not extend to written
communications between the attorney representing the state and an
agent, representative, or employee of the state. This article does
not authorize the removal of the documents, items, or information
from the possession of the state, and any inspection shall be in the
presence of a representative of the state.
(a-2) On a motion by the attorney representing the state,
and after a hearing at which applicable counsel for the state and
the defendant are present, the court may limit a defendant's
request for discovery under this article if the court finds that:
(1) the request is unduly broad or burdensome or
implicates the security and privacy interests of any victim or
witness; and
(2) the document, item, or information was not shown
to be reasonably necessary to the defense.
(c) If only a portion of the applicable document, item, or
information is subject to discovery under this article, the
attorney representing the state is not required to produce or
permit the inspection of the remaining portion that is not subject
to discovery and may withhold or redact that portion. The attorney
representing the state shall inform the defendant that a portion of
the document, item, or information has been withheld or redacted.
On request of the defendant, the court shall conduct a hearing to
determine whether withholding or redaction is justified under this
article or other law.
(d) In the case of a pro se defendant, if the court orders
the attorney representing the state to produce and permit the
inspection of a document, item, or information under this
subsection, the attorney representing 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-1) [(a)].
(h-1) In this subsection, "correctional facility" has the
meaning assigned by Section 1.07, Penal Code. Notwithstanding any
other provision of this article, if the attorney representing the
state intends to use at a defendant's trial testimony of a person to
whom the defendant made a statement against the defendant's
interest while the person was imprisoned or confined in the same
correctional facility as the defendant, the attorney representing
the state shall disclose to the defendant any information in the
possession, custody, or control of the state that is relevant to the
person's credibility, including:
(1) the person's complete criminal history, including
any charges that were dismissed or reduced as part of a plea
bargain;
(2) any grant, promise, or offer of immunity from
prosecution, reduction of sentence, or other leniency or special
treatment, given by the state in exchange for the person's
testimony; and
(3) information concerning other criminal cases in
which the person has testified, or offered to testify, against a
defendant with whom the person was imprisoned or confined,
including any grant, promise, or offer as described by Subdivision
(2) given by the state in exchange for the testimony.
(i) The attorney representing the state shall
electronically record or otherwise document any document, item, or
other information provided to the defendant under this article.
(n) This article does not prohibit the parties from agreeing
to discovery and documentation requirements equal to or greater
than those required under this article. Except as provided by
Subsection (b), a court may not order discovery and documentation
requirements greater than or require production earlier than
required under this article.
(o) A party may request a discovery conference to be held
not later than the 20th day before the date that jury selection in
the trial is scheduled to begin to resolve any issue with respect to
discovery, disclosure, or notice. If at any time a party becomes
aware that the party has not received required or requested
discovery, disclosure, or notice, and fails to promptly request
resolution of the issue, the court shall consider that failure in
determining an appropriate remedy, if any.
(p) Subject to Subsection (q), if the court finds that a
party has failed to comply with Subsection (a-1), (b), or (h), the
court:
(1) may order and compel the noncomplying party to
provide the required discovery or disclosure; and
(2) may grant a continuance, issue a protective order,
or provide another proportionate remedy that the court determines
is necessary under the circumstances.
(q) A court acting under Subsection (p) may suppress the
introduction of otherwise admissible evidence that was not
disclosed in compliance with Subsection (a-1) or (b) or testimony
affected by the nondisclosure only if the court finds that:
(1) the noncomplying party knowingly withheld the
required discovery or disclosure; or
(2) the violation caused actual prejudice to a party
and other remedial alternatives have been exhausted or would not
suffice to cure the prejudice.
SECTION 2. The changes in law made by this Act apply 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.