Texas 2025 - 89th Regular

Texas Senate Bill SB1124 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Huffman, Perry S.B. No. 1124
2		-
3		-
	1	+	By: Huffman S.B. No. 1124
	2	+	(In the Senate - Filed February 6, 2025; February 24, 2025,
	3	+	read first time and referred to Committee on Criminal Justice;
	4	+	April 10, 2025, reported favorably by the following vote: Yeas 6,
	5	+	Nays 0; April 10, 2025, sent to printer.)
	6	+	Click here to see the committee vote
4	7
5	8
6	9		A BILL TO BE ENTITLED
7	10		AN ACT
8	11		relating to discovery in a criminal case.
9	12		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	13		SECTION 1. Article 39.14, Code of Criminal Procedure, is
11	14		amended by amending Subsections (a), (c), (d), (h-1), (i), and (n)
12	15		and adding Subsections (a-1), (a-2), (o), (p), and (q) to read as
13	16		follows:
14	17		(a) In this article, "the state" means:
15	18		(1) the attorney representing the state in the
16	19		criminal action; and
17	20		(2) any law enforcement agency that filed or
18	21		investigated any matter involved in the action.
19	22		(a-1) Subject to the restrictions provided by Chapter 58,
20	23		Family Code, Section 264.408, Family Code, and Articles [Article]
21	24		39.15 and 39.151 of this code, as soon as practicable after
22	25		receiving a timely and specific written request from the defendant,
23	26		the attorney representing the state shall produce and permit the
24	27		inspection and the electronic duplication, copying, and
25	28		photographing, by or on behalf of the defendant, of any offense
26	29		reports, any designated documents, papers, written or recorded
27	30		statements of the defendant or a witness, including witness
28	31		statements of law enforcement officers but not including the work
29	32		product of counsel for the state in the case and their investigators
30	33		and their notes or report, or any designated books, accounts,
31	34		letters, photographs, or objects or other tangible things not
32	35		otherwise privileged that constitute or contain evidence relevant
33	36		to any fact of consequence in determining [material to any matter
34	37		involved in] the action and that are in the possession, custody, or
35	38		control of the state or any person under contract with the state for
36	39		purposes of the action. The attorney representing the state may
37	40		provide to the defendant electronic duplicates of any documents or
38	41		other information described by this article. The rights granted to
39	42		the defendant under this article do not extend to written
40	43		communications between the attorney representing the state and an
41	44		agent, representative, or employee of the state. This article does
42	45		not authorize the removal of the documents, items, or information
43	46		from the possession of the state, and any inspection shall be in the
44	47		presence of a representative of the state.
45	48		(a-2) On a motion by the attorney representing the state,
46	49		and after a hearing at which applicable counsel for the state and
47	50		the defendant are present, the court may limit a defendant's
48	51		request for discovery under this article if the court finds that:
49	52		(1) the request is unduly broad or burdensome or
50	53		implicates the security and privacy interests of any victim or
51	54		witness; and
52	55		(2) the document, item, or information was not shown
53	56		to be reasonably necessary to the defense.
54	57		(c) If only a portion of the applicable document, item, or
55	58		information is subject to discovery under this article, the
56	59		attorney representing the state is not required to produce or
57	60		permit the inspection of the remaining portion that is not subject
58	61		to discovery and may withhold or redact that portion. The attorney
59	62		representing the state shall inform the defendant that a portion of
60	63		the document, item, or information has been withheld or redacted.
61	64		On request of the defendant, the court shall conduct a hearing to
62	65		determine whether withholding or redaction is justified under this
63	66		article or other law.
64	67		(d) In the case of a pro se defendant, if the court orders
65	68		the attorney representing the state to produce and permit the
66	69		inspection of a document, item, or information under this
67	70		subsection, the attorney representing the state shall permit the
68	71		pro se defendant to inspect and review the document, item, or
69	72		information but is not required to allow electronic duplication as
70	73		described by Subsection (a-1) [(a)].
71	74		(h-1) In this subsection, "correctional facility" has the
72	75		meaning assigned by Section 1.07, Penal Code. Notwithstanding any
73	76		other provision of this article, if the attorney representing the
74	77		state intends to use at a defendant's trial testimony of a person to
75	78		whom the defendant made a statement against the defendant's
76	79		interest while the person was imprisoned or confined in the same
77	80		correctional facility as the defendant, the attorney representing
78	81		the state shall disclose to the defendant any information in the
79	82		possession, custody, or control of the state that is relevant to the
80	83		person's credibility, including:
81	84		(1) the person's complete criminal history, including
82	85		any charges that were dismissed or reduced as part of a plea
83	86		bargain;
84	87		(2) any grant, promise, or offer of immunity from
85	88		prosecution, reduction of sentence, or other leniency or special
86	89		treatment, given by the state in exchange for the person's
87	90		testimony; and
88	91		(3) information concerning other criminal cases in
89	92		which the person has testified, or offered to testify, against a
90	93		defendant with whom the person was imprisoned or confined,
91	94		including any grant, promise, or offer as described by Subdivision
92	95		(2) given by the state in exchange for the testimony.
93	96		(i) The attorney representing the state shall
94	97		electronically record or otherwise document any document, item, or
95	98		other information provided to the defendant under this article.
96	99		(n) This article does not prohibit the parties from agreeing
97	100		to discovery and documentation requirements equal to or greater
98	101		than those required under this article. Except as provided by
99	102		Subsection (b), a court may not order discovery and documentation
100	103		requirements greater than or require production earlier than
101	104		required under this article.
102	105		(o) A party may request a discovery conference to be held
103	106		not later than the 20th day before the date that jury selection in
104	107		the trial is scheduled to begin to resolve any issue with respect to
105	108		discovery, disclosure, or notice. If at any time a party becomes
106	109		aware that the party has not received required or requested
107	110		discovery, disclosure, or notice, and fails to promptly request
108	111		resolution of the issue, the court shall consider that failure in
109	112		determining an appropriate remedy, if any.
110	113		(p) Subject to Subsection (q), if the court finds that a
111	114		party has failed to comply with Subsection (a-1), (b), or (h), the
112	115		court:
113	116		(1) may order and compel the noncomplying party to
114	117		provide the required discovery or disclosure; and
115	118		(2) may grant a continuance, issue a protective order,
116	119		or provide another proportionate remedy that the court determines
117	120		is necessary under the circumstances.
118	121		(q) A court acting under Subsection (p) may suppress the
119	122		introduction of otherwise admissible evidence that was not
120	123		disclosed in compliance with Subsection (a-1) or (b) or testimony
121	124		affected by the nondisclosure only if the court finds that:
122	125		(1) the noncomplying party knowingly withheld the
123	126		required discovery or disclosure; or
124	127		(2) the violation caused actual prejudice to a party
125	128		and other remedial alternatives have been exhausted or would not
126	129		suffice to cure the prejudice.
127	130		SECTION 2. The changes in law made by this Act apply only to
128	131		a criminal proceeding that commences on or after the effective date
129	132		of this Act. A criminal proceeding that commences before the
130	133		effective date of this Act is governed by the law in effect on the
131	134		date the proceeding commenced, and the former law is continued in
132	135		effect for that purpose.
133	136		SECTION 3. This Act takes effect September 1, 2025.
	137	+	* * * * *