BILL ANALYSIS Senate Research Center S.B. 1124 89R8576 JRR-F By: Huffman Criminal Justice 4/3/2025 As Filed AUTHOR'S / SPONSOR'S STATEMENT OF INTENT When the legislature passed the Michael Morton Act in 2013 to revise criminal discovery in Article 39.14, Code of Criminal Procedure, it used the term "the state" in a manner that confuses the roles of the prosecutor and the investigator or agencies in providing discover to the defense. S.B. 1124 clarifies, for purposes of discovery in criminal cases under Article 39.14 of the Code of Criminal Procedure, that "the state" is the attorney representing the state in the criminal action and any law enforcement agency that filed or investigated any matter involved in the action. The bill also creates additional procedures to encourage resolution of discovery matters before trial. As proposed, S.B. 1124 amends current law relating to discovery in a criminal case. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Article 39.14, Code of Criminal Procedure, by amending Subsections (a), (c), (d), (h-1), (i), and (n) and adding Subsections (a-1), (a-2), (o), (p), and (q), as follows: (a) Defines the state. (a-1) Creates this subsection from existing text. Requires the attorney representing the state, subject to the restrictions provided by Chapter 58 (Records; Juvenile Justice Information System), Family Code, Section 264.408 (Use of Information and Records; Confidentiality and Ownership), Family Code, and Articles 39.15 (Discovery of Evidence Depicting or Describing Abuse of or Sexual Conduct by a Child of Minor) and 39.151 (Discovery of Evidence Depicting Invasive Visual Recording of Child) of the Code of Criminal Procedure, as soon as practicable after receiving a timely and specific written request from the defendant, to produce and permit the inspection and the electronic duplication, copying, and photographing, by or on behalf of the defendant, of certain materials, or objects or other tangible things not otherwise privileged that constitute or contain evidence relevant to any fact of consequence in determining, rather than material evidence 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. Makes conforming and nonsubstantive changes. (a-2) Authorizes a court, 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, to limit a defendant's request for discovery under Article 39.14 (Discovery) if the court finds that the request is unduly broad or burdensome or implicates the security and privacy interests of any victim or witness and the document, item, or information was not shown to be reasonably necessary to the defense. (c)-(i) Makes conforming changes to these subsections. (n) Prohibits a court, except as provided by Subsection (b) (relating to requiring a party receiving a request to disclose to the requesting party the name and address of each person the disclosing party may use at trial to present evidence), from ordering discovery and documentation requirements greater than or require production earlier than required under this article. (o) Authorizes a party to 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. Requires the court, 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, to consider that failure in determining an appropriate remedy, if any. (p) Authorizes a court, subject to Subsection (q), if the court finds that a party has failed to comply with Subsection (a-1), (b), or (h) (relating to requiring the state to disclose to the defendant any exculpatory, impeachment, or mitigating document, item, or information in the possession, custody, or control of the state that tends to negate the guilt of the defendant or would tend to reduce the punishment for the offense charged), to order and compel the noncomplying party to provide the required discovery or disclosure and to grant a continuance, issue a protective order, or provide another proportionate remedy that the court determines is necessary under the circumstances. (q) Authorizes a court acting under Subsection (p) to 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 the noncomplying party knowingly withheld the required discovery or disclosure, or 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. Makes application of this Act prospective. SECTION 3. Effective date: September 1, 2025.
BILL ANALYSIS
Senate Research Center S.B. 1124
89R8576 JRR-F By: Huffman
Criminal Justice
4/3/2025
As Filed
Senate Research Center
S.B. 1124
89R8576 JRR-F
By: Huffman
Criminal Justice
4/3/2025
As Filed
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
When the legislature passed the Michael Morton Act in 2013 to revise criminal discovery in Article 39.14, Code of Criminal Procedure, it used the term "the state" in a manner that confuses the roles of the prosecutor and the investigator or agencies in providing discover to the defense. S.B. 1124 clarifies, for purposes of discovery in criminal cases under Article 39.14 of the Code of Criminal Procedure, that "the state" is the attorney representing the state in the criminal action and any law enforcement agency that filed or investigated any matter involved in the action. The bill also creates additional procedures to encourage resolution of discovery matters before trial.
When the legislature passed the Michael Morton Act in 2013 to revise criminal discovery in Article 39.14, Code of Criminal Procedure, it used the term "the state" in a manner that confuses the roles of the prosecutor and the investigator or agencies in providing discover to the defense.
S.B. 1124 clarifies, for purposes of discovery in criminal cases under Article 39.14 of the Code of Criminal Procedure, that "the state" is the attorney representing the state in the criminal action and any law enforcement agency that filed or investigated any matter involved in the action. The bill also creates additional procedures to encourage resolution of discovery matters before trial.
As proposed, S.B. 1124 amends current law relating to discovery in a criminal case.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Article 39.14, Code of Criminal Procedure, by amending Subsections (a), (c), (d), (h-1), (i), and (n) and adding Subsections (a-1), (a-2), (o), (p), and (q), as follows:
(a) Defines the state.
(a-1) Creates this subsection from existing text. Requires the attorney representing the state, subject to the restrictions provided by Chapter 58 (Records; Juvenile Justice Information System), Family Code, Section 264.408 (Use of Information and Records; Confidentiality and Ownership), Family Code, and Articles 39.15 (Discovery of Evidence Depicting or Describing Abuse of or Sexual Conduct by a Child of Minor) and 39.151 (Discovery of Evidence Depicting Invasive Visual Recording of Child) of the Code of Criminal Procedure, as soon as practicable after receiving a timely and specific written request from the defendant, to produce and permit the inspection and the electronic duplication, copying, and photographing, by or on behalf of the defendant, of certain materials, or objects or other tangible things not otherwise privileged that constitute or contain evidence relevant to any fact of consequence in determining, rather than material evidence 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. Makes conforming and nonsubstantive changes.
(a-2) Authorizes a court, 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, to limit a defendant's request for discovery under Article 39.14 (Discovery) if the court finds that the request is unduly broad or burdensome or implicates the security and privacy interests of any victim or witness and the document, item, or information was not shown to be reasonably necessary to the defense.
(c)-(i) Makes conforming changes to these subsections.
(n) Prohibits a court, except as provided by Subsection (b) (relating to requiring a party receiving a request to disclose to the requesting party the name and address of each person the disclosing party may use at trial to present evidence), from ordering discovery and documentation requirements greater than or require production earlier than required under this article.
(o) Authorizes a party to 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. Requires the court, 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, to consider that failure in determining an appropriate remedy, if any.
(p) Authorizes a court, subject to Subsection (q), if the court finds that a party has failed to comply with Subsection (a-1), (b), or (h) (relating to requiring the state to disclose to the defendant any exculpatory, impeachment, or mitigating document, item, or information in the possession, custody, or control of the state that tends to negate the guilt of the defendant or would tend to reduce the punishment for the offense charged), to order and compel the noncomplying party to provide the required discovery or disclosure and to grant a continuance, issue a protective order, or provide another proportionate remedy that the court determines is necessary under the circumstances.
(q) Authorizes a court acting under Subsection (p) to 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 the noncomplying party knowingly withheld the required discovery or disclosure, or 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. Makes application of this Act prospective.
SECTION 3. Effective date: September 1, 2025.