Texas 2025 - 89th Regular

Texas Senate Bill SB2797 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	89R8651 JRR-D
1	2		By: Creighton S.B. No. 2797
2		-	(In the Senate - Filed March 14, 2025; April 3, 2025, read
3		-	first time and referred to Committee on Criminal Justice;
4		-	April 16, 2025, reported adversely, with favorable Committee
5		-	Substitute by the following vote: Yeas 5, Nays 2; April 16, 2025,
6		-	sent to printer.)
7		-	Click here to see the committee vote
8		-	COMMITTEE SUBSTITUTE FOR S.B. No. 2797 By: Flores
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13	7		A BILL TO BE ENTITLED
14	8		AN ACT
15	9		relating to discovery requirements in a criminal case.
16	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
17	11		SECTION 1. The heading to Article 39.14, Code of Criminal
18	12		Procedure, is amended to read as follows:
19	13		Art. 39.14. DISCOVERY: DISCLOSURE BY STATE.
20		-	SECTION 2. Article 39.14, Code of Criminal Procedure, is
21		-	amended by adding Subsection (h-2) to read as follows:
22		-	(h-2) If a defendant who will assert an alibi provides the
23		-	attorney representing the state a written response regarding the
24		-	alibi under Article 39.142(g), the attorney representing the state
25		-	shall provide the defendant with a written notice stating the name
26		-	of each witness the state intends to use to rebut the alibi not
27		-	later than the 10th day before the date that jury selection is
28		-	scheduled to begin, or in a trial without a jury, the presentation
29		-	of evidence is scheduled to begin.
30		-	SECTION 3. Chapter 39, Code of Criminal Procedure, is
	14	+	SECTION 2. Chapter 39, Code of Criminal Procedure, is
31	15		amended by adding Article 39.142 to read as follows:
32	16		Art. 39.142. DISCOVERY: DISCLOSURE BY DEFENDANT. (a)
33	17		Subject to Subsection (b), on the defendant's request for discovery
34	18		under Article 39.14(a) or after receiving the initial disclosures
35	19		under that subsection from the attorney representing the state, the
36	20		defendant shall disclose to the attorney representing the state and
37	21		permit inspection, photocopying, and photographing of the
38	22		following materials and information:
39	23		(1) a written list of all witnesses the defendant
40	24		reasonably expects to call during trial;
41	25		(2) any written or recorded statement by a witness
42	26		other than the defendant that is related to the offense charged, if
43	27		the defendant intends to call the witness at trial;
44	28		(3) any physical or documentary evidence that the
45	29		defendant intends to use in the defendant's case in chief and, on a
46	30		showing of relevance by the attorney representing the state, the
47	31		opportunity to test that evidence;
48	32		(4) the locations of buildings and places concerning
49	33		which the defendant intends to offer evidence and permission by the
50	34		defendant for photographing; and
51	35		(5) any report produced by or for an expert witness
52	36		disclosed by the defendant under Article 39.145(a) and the
53	37		underlying data or facts supporting the opinion of the expert in
54	38		that particular case.
55	39		(b) The defendant shall make the disclosures required under
56	40		Subsection (a) not later than the later of:
57	41		(1) the 30th day before the date that jury selection is
58	42		scheduled to begin, or in a trial without a jury, the presentation
59	43		of evidence is scheduled to begin; or
60	44		(2) as soon as practicable after the date the
61	45		defendant receives a disclosure from the state under Article
62	46		39.14(a).
63	47		(c) Following the disclosure of a witness's name under
64	48		Subsection (a)(1), the attorney representing the state may request
65	49		the court to order, on a showing of good cause, the disclosure of
66	50		the last known address for the witness.
67	51		(d) If requested in writing by the attorney representing the
68	52		state, a defendant who may assert one or more defenses or
69	53		affirmative defenses listed in Chapter 8 or 9, Penal Code, shall
70	54		provide the attorney representing the state with written notice
71	55		that the defendant may assert the statutory defense or affirmative
72	56		defense. Except as provided by Subsection (e), the defendant shall
73	57		provide the notice required by this subsection not later than the
74	58		later of:
75	59		(1) the 30th day before the date that jury selection is
76	60		scheduled to begin, or in a trial without a jury, the presentation
77	61		of evidence is scheduled to begin; or
78	62		(2) as soon as practicable after the date the
79	63		defendant receives a disclosure from the state under Article
80	64		39.14(a) to which the statutory defense or affirmative defense is
81	65		responsive.
82	66		(e) If the state amends the information or indictment or
83	67		files a new information or obtains a new indictment after the 30th
84	68		day before the date that jury selection is scheduled to begin, or in
85	69		a trial without a jury, the presentation of evidence is scheduled to
86	70		begin, the court shall allow the defendant not less than 10 days
87	71		after being served with an amended or new information or
88	72		indictment, or after having received actual notice of the amendment
89	73		in open court, to amend or supplement an existing notice provided
90	74		under Subsection (d) or to provide an initial notice under
91	75		Subsection (d).
92	76		(f) Any notice provided by the defendant under Subsection
93	77		(d) or (e) is for purposes of discovery only and is not admissible
94	78		at trial.
95	79		(g) If requested by the attorney representing the state in a
96	80		written request in which the attorney representing the state
97	81		provides the defendant with the specific date, time, and place of
98	82		the alleged offense, a defendant who will assert an alibi shall
99	83		provide the attorney representing the state, not later than the
100	84		30th day before the date that jury selection is scheduled to begin,
101	85		or in a trial without a jury, the presentation of evidence is
102	86		scheduled to begin, a written response that includes:
103	87		(1) the location at which the defendant claims to have
104	88		been at the time of the alleged offense; and
105	89		(2) the names of the witnesses the defendant intends
106	90		to use to establish the alibi.
107	91		(h) Notwithstanding any other provision of this article,
108	92		the defendant is not required to disclose under this article any
109	93		document of the attorney representing the defendant, or an
110	94		investigator or other agent of the attorney representing the
111	95		defendant, that is made in connection with the investigation or
112	96		defense of the case or privileged under the Texas Rules of Evidence,
113	97		an express statutory provision, the Texas Constitution, or the
114	98		United States Constitution, unless the document or information in
115	99		the document is intended to be offered at trial.
116	100		(i) If at any time before or during the trial, the defendant
117	101		discovers any additional document, item, or information required to
118	102		be disclosed under Subsection (a), (d), (e), or (g), the defendant
119	103		shall promptly disclose the existence of the document, item, or
120	104		information to the attorney representing the state.
121	105		(j) After a hearing and on a showing of good cause, a court
122	106		may order the state to pay reasonable costs related to discovery
123	107		under this article.
124	108		(k) If the court finds that a defendant has failed to comply
125	109		with any of the provisions of Subsection (a), the court may:
126	110		(1) order and compel the defendant to provide the
127	111		required discovery or disclosure;
128	112		(2) grant a continuance;
129	113		(3) issue a protective order; or
130	114		(4) take other appropriate action as necessary under
131	115		the circumstances to accomplish the purposes of the required
132	116		discovery or disclosure.
133		-	SECTION 4. Articles 39.14(b), (g), and (n), Code of
	117	+	SECTION 3. Articles 39.14(b), (g), and (n), Code of
134	118		Criminal Procedure, are redesignated as Article 39.145, Code of
135	119		Criminal Procedure, and amended to read as follows:
136	120		Art. 39.145. DISCOVERY: ADDITIONAL PROVISIONS APPLICABLE
137	121		TO DISCLOSURES BY STATE OR DEFENDANT. (a) [(b)] On a party's
138	122		request made not later than the 30th day before the date that jury
139	123		selection in the trial is scheduled to begin or, in a trial without
140	124		a jury, the presentation of evidence is scheduled to begin, the
141	125		party receiving the request shall disclose to the requesting party
142	126		the name and address of each person the disclosing party may use at
143	127		trial to present evidence under Rules 702, 703, and 705, Texas Rules
144	128		of Evidence. Except as otherwise provided by this subsection, the
145	129		disclosure must be made in writing in hard copy form or by
146	130		electronic means not later than the 20th day before the date that
147	131		jury selection in the trial is scheduled to begin or, in a trial
148	132		without a jury, the presentation of evidence is scheduled to begin.
149	133		On motion of a party and on notice to the other parties, the court
150	134		may order an earlier time at which one or more of the other parties
151	135		must make the disclosure to the requesting party.
152	136		(b) [(g)] Nothing in Articles 39.14 and 39.142 [this
153	137		article] shall be interpreted to limit an attorney's ability to
154	138		communicate regarding his or her case within the Texas Disciplinary
155	139		Rules of Professional Conduct, except for the communication of
156	140		information identifying any victim or witness, including name,
157	141		except as provided in Articles 39.14(e) [Subsections (e)] and (f),
158	142		address, telephone number, driver's license number, social
159	143		security number, date of birth, and bank account information or any
160	144		information that by reference would make it possible to identify a
161	145		victim or a witness. Nothing in this subsection shall prohibit the
162	146		disclosure of identifying information to an administrative, law
163	147		enforcement, regulatory, or licensing agency for the purposes of
164	148		making a good faith complaint.
165	149		(c) Articles 39.14 and 39.142 do [(n) This article does]
166	150		not prohibit the parties from agreeing to discovery and
167	151		documentation requirements equal to or greater than those required
168	152		under those articles [this article].
169		-	SECTION 5. The changes in law made by this Act apply only to
	153	+	SECTION 4. The changes in law made by this Act apply only to
170	154		the prosecution of an offense committed on or after September 1,
171	155		2025. The prosecution of an offense committed before September 1,
172	156		2025, is governed by the law in effect on the date the offense was
173	157		committed, and the former law is continued in effect for that
174	158		purpose. For purposes of this section, an offense is committed
175	159		before September 1, 2025, if any element of the offense occurs
176	160		before that date.
177		-	SECTION 6. This Act takes effect immediately if it receives
	161	+	SECTION 5. This Act takes effect immediately if it receives
178	162		a vote of two-thirds of all the members elected to each house, as
179	163		provided by Section 39, Article III, Texas Constitution. If this
180	164		Act does not receive the vote necessary for immediate effect, this
181	165		Act takes effect September 1, 2025.
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