Texas 2025 - 89th Regular

Texas House Bill HB3330 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R8576 JRR-F
2	2	By: Cook H.B. No. 3330
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to discovery in a criminal case.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Article 39.14, Code of Criminal Procedure, is
12	12	amended by amending Subsections (a), (c), (d), (h-1), (i), and (n)
13	13	and adding Subsections (a-1), (a-2), (o), (p), and (q) to read as
14	14	follows:
15	15	(a) In this article, "the state" means:
16	16	(1) the attorney representing the state in the
17	17	criminal action; and
18	18	(2) any law enforcement agency that filed or
19	19	investigated any matter involved in the action.
20	20	(a-1) Subject to the restrictions provided by Chapter 58,
21	21	Family Code, Section 264.408, Family Code, and Articles [Article]
22	22	39.15 and 39.151 of this code, as soon as practicable after
23	23	receiving a timely and specific written request from the defendant,
24	24	the attorney representing the state shall produce and permit the
25	25	inspection and the electronic duplication, copying, and
26	26	photographing, by or on behalf of the defendant, of any offense
27	27	reports, any designated documents, papers, written or recorded
28	28	statements of the defendant or a witness, including witness
29	29	statements of law enforcement officers but not including the work
30	30	product of counsel for the state in the case and their investigators
31	31	and their notes or report, or any designated books, accounts,
32	32	letters, photographs, or objects or other tangible things not
33	33	otherwise privileged that constitute or contain evidence relevant
34	34	to any fact of consequence in determining [material to any matter
35	35	involved in] the action and that are in the possession, custody, or
36	36	control of the state or any person under contract with the state for
37	37	purposes of the action. The attorney representing the state may
38	38	provide to the defendant electronic duplicates of any documents or
39	39	other information described by this article. The rights granted to
40	40	the defendant under this article do not extend to written
41	41	communications between the attorney representing the state and an
42	42	agent, representative, or employee of the state. This article does
43	43	not authorize the removal of the documents, items, or information
44	44	from the possession of the state, and any inspection shall be in the
45	45	presence of a representative of the state.
46	46	(a-2) On a motion by the attorney representing the state,
47	47	and after a hearing at which applicable counsel for the state and
48	48	the defendant are present, the court may limit a defendant's
49	49	request for discovery under this article if the court finds that:
50	50	(1) the request is unduly broad or burdensome or
51	51	implicates the security and privacy interests of any victim or
52	52	witness; and
53	53	(2) the document, item, or information was not shown
54	54	to be reasonably necessary to the defense.
55	55	(c) If only a portion of the applicable document, item, or
56	56	information is subject to discovery under this article, the
57	57	attorney representing the state is not required to produce or
58	58	permit the inspection of the remaining portion that is not subject
59	59	to discovery and may withhold or redact that portion. The attorney
60	60	representing the state shall inform the defendant that a portion of
61	61	the document, item, or information has been withheld or redacted.
62	62	On request of the defendant, the court shall conduct a hearing to
63	63	determine whether withholding or redaction is justified under this
64	64	article or other law.
65	65	(d) In the case of a pro se defendant, if the court orders
66	66	the attorney representing the state to produce and permit the
67	67	inspection of a document, item, or information under this
68	68	subsection, the attorney representing the state shall permit the
69	69	pro se defendant to inspect and review the document, item, or
70	70	information but is not required to allow electronic duplication as
71	71	described by Subsection (a-1) [(a)].
72	72	(h-1) In this subsection, "correctional facility" has the
73	73	meaning assigned by Section 1.07, Penal Code. Notwithstanding any
74	74	other provision of this article, if the attorney representing the
75	75	state intends to use at a defendant's trial testimony of a person to
76	76	whom the defendant made a statement against the defendant's
77	77	interest while the person was imprisoned or confined in the same
78	78	correctional facility as the defendant, the attorney representing
79	79	the state shall disclose to the defendant any information in the
80	80	possession, custody, or control of the state that is relevant to the
81	81	person's credibility, including:
82	82	(1) the person's complete criminal history, including
83	83	any charges that were dismissed or reduced as part of a plea
84	84	bargain;
85	85	(2) any grant, promise, or offer of immunity from
86	86	prosecution, reduction of sentence, or other leniency or special
87	87	treatment, given by the state in exchange for the person's
88	88	testimony; and
89	89	(3) information concerning other criminal cases in
90	90	which the person has testified, or offered to testify, against a
91	91	defendant with whom the person was imprisoned or confined,
92	92	including any grant, promise, or offer as described by Subdivision
93	93	(2) given by the state in exchange for the testimony.
94	94	(i) The attorney representing the state shall
95	95	electronically record or otherwise document any document, item, or
96	96	other information provided to the defendant under this article.
97	97	(n) This article does not prohibit the parties from agreeing
98	98	to discovery and documentation requirements equal to or greater
99	99	than those required under this article. Except as provided by
100	100	Subsection (b), a court may not order discovery and documentation
101	101	requirements greater than or require production earlier than
102	102	required under this article.
103	103	(o) A party may request a discovery conference to be held
104	104	not later than the 20th day before the date that jury selection in
105	105	the trial is scheduled to begin to resolve any issue with respect to
106	106	discovery, disclosure, or notice. If at any time a party becomes
107	107	aware that the party has not received required or requested
108	108	discovery, disclosure, or notice, and fails to promptly request
109	109	resolution of the issue, the court shall consider that failure in
110	110	determining an appropriate remedy, if any.
111	111	(p) Subject to Subsection (q), if the court finds that a
112	112	party has failed to comply with Subsection (a-1), (b), or (h), the
113	113	court:
114	114	(1) may order and compel the noncomplying party to
115	115	provide the required discovery or disclosure; and
116	116	(2) may grant a continuance, issue a protective order,
117	117	or provide another proportionate remedy that the court determines
118	118	is necessary under the circumstances.
119	119	(q) A court acting under Subsection (p) may suppress the
120	120	introduction of otherwise admissible evidence that was not
121	121	disclosed in compliance with Subsection (a-1) or (b) or testimony
122	122	affected by the nondisclosure only if the court finds that:
123	123	(1) the noncomplying party knowingly withheld the
124	124	required discovery or disclosure; or
125	125	(2) the violation caused actual prejudice to a party
126	126	and other remedial alternatives have been exhausted or would not
127	127	suffice to cure the prejudice.
128	128	SECTION 2. The changes in law made by this Act apply only to
129	129	a criminal proceeding that commences on or after the effective date
130	130	of this Act. A criminal proceeding that commences before the
131	131	effective date of this Act is governed by the law in effect on the
132	132	date the proceeding commenced, and the former law is continued in
133	133	effect for that purpose.
134	134	SECTION 3. This Act takes effect September 1, 2025.