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A BILL TO BE ENTITLED
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AN ACT
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relating to the sealing of and discovery procedures relating to |
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certain recordings of children constituting evidence in a criminal |
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case in a criminal hearing or proceeding; creating a criminal |
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offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Article 38.45, Code of Criminal |
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Procedure, is amended to read as follows: |
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Art. 38.45. EVIDENCE DEPICTING [OR DESCRIBING ABUSE OF OR] |
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SEXUAL CONDUCT BY CHILD OR MINOR. |
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SECTION 2. Article 38.45(a), Code of Criminal Procedure, is |
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amended to read as follows: |
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(a) During the course of a criminal hearing or proceeding, |
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the court may not make available or allow to be made available for |
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copying or dissemination to the public property or material: |
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(1) that constitutes child pornography, as described |
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by Section 43.26(a)(1), Penal Code; or |
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(2) the promotion or possession of which is prohibited |
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under Section 43.261, Penal Code[; or |
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[(3) that is described by Section 2 or 5, Article |
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38.071, of this code]. |
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SECTION 3. The heading to Article 39.14, Code of Criminal |
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Procedure, is amended to read as follows: |
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Art. 39.14. DISCOVERY; OFFENSE. |
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SECTION 4. Article 39.14, Code of Criminal Procedure, is |
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amended by amending Subsection (f) and adding Subsections (f-1), |
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(f-2), and (f-3) to read as follows: |
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(f) Except as provided by Subsection (f-1), the [The] |
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attorney representing the defendant, or an investigator, expert, |
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consulting legal counsel, or agent for the attorney representing |
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the defendant, may allow a defendant, witness, or prospective |
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witness to view the information provided under this article, but |
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may not allow that person to have copies of the information |
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provided, other than a copy of the witness's own statement. Before |
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allowing that person to view a document or the witness statement of |
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another under this subsection, the person possessing the |
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information shall redact the address, telephone number, driver's |
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license number, social security number, date of birth, and any bank |
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account or other identifying numbers contained in the document or |
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witness statement. |
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(f-1) The attorney representing the defendant may allow the |
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defendant or an investigator, expert, consulting legal counsel, or |
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agent for the attorney representing the defendant to view a |
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recording described by Section 2 or 5, Article 38.071, in the |
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presence of the attorney representing the defendant but may not |
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allow any of those persons to have a copy of the recording. |
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(f-2) A person commits an offense if the person recklessly |
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violates Subsection (f-1). An offense under this subsection is a |
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state jail felony. |
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(f-3) For purposes of Subsection (f) or (f-1) [this |
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article], the defendant may not be the agent for the attorney |
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representing the defendant. |
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SECTION 5. The heading to Article 39.15, Code of Criminal |
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Procedure, is amended to read as follows: |
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Art. 39.15. DISCOVERY OF EVIDENCE DEPICTING [OR DESCRIBING |
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ABUSE OF OR] SEXUAL CONDUCT BY CHILD OR MINOR. |
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SECTION 6. Article 39.15(a), Code of Criminal Procedure, is |
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amended to read as follows: |
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(a) In the manner provided by this article, a court shall |
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allow discovery under Article 39.14 of property or material: |
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(1) that constitutes child pornography, as described |
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by Section 43.26(a)(1), Penal Code; or |
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(2) the promotion or possession of which is prohibited |
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under Section 43.261, Penal Code[; or |
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[(3) that is described by Section 2 or 5, Article |
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38.071, of this code]. |
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SECTION 7. The change in law made by this Act applies to the |
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prosecution of an offense committed on or after the effective date |
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of this Act. The prosecution of an offense committed before the |
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effective date of this Act is governed by the law in effect on the |
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date the offense was committed, and the former law is continued in |
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effect for that purpose. For purposes of this section, an offense |
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is committed before the effective date of this Act if any element of |
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the offense occurs before the effective date. |
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SECTION 8. This Act takes effect September 1, 2021. |