| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
| |
|
|
relating to the confidentiality of and discovery procedures |
|
|
relating to certain material regarding the protection or security |
|
|
of a witness; creating a criminal offense. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. This Act may be cited as the Tyrek Jenkins Act. |
|
|
SECTION 2. Article 39.14(a), Code of Criminal Procedure, is |
|
|
amended to read as follows: |
|
|
(a) Subject to the restrictions provided by Section |
|
|
264.408, Family Code, and Articles [Article] 39.15 and 39.16 of |
|
|
this code, as soon as practicable after receiving a timely request |
|
|
from the defendant the state shall produce and permit the |
|
|
inspection and the electronic duplication, copying, and |
|
|
photographing, by or on behalf of the defendant, of any offense |
|
|
reports, any designated documents, papers, written or recorded |
|
|
statements of the defendant or a witness, including witness |
|
|
statements of law enforcement officers but not including the work |
|
|
product of counsel for the state in the case and their investigators |
|
|
and their notes or report, or any designated books, accounts, |
|
|
letters, photographs, or objects or other tangible things not |
|
|
otherwise privileged that constitute or contain evidence material |
|
|
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. The state may provide to the defendant electronic |
|
|
duplicates of any documents or other information described by this |
|
|
article. The rights granted to the defendant under this article do |
|
|
not extend to written communications between the state and an |
|
|
agent, representative, or employee of the state. This article does |
|
|
not authorize the removal of the documents, items, or information |
|
|
from the possession of the state, and any inspection shall be in the |
|
|
presence of a representative of the state. |
|
|
SECTION 3. Chapter 39, Code of Criminal Procedure, is |
|
|
amended by adding Article 39.16 to read as follows: |
|
|
Art. 39.16. MATERIAL RELATED TO WITNESS PROTECTION OR |
|
|
SECURITY. (a) This article applies to any record, claim, writing, |
|
|
document, information, or other material: |
|
|
(1) received, made, or kept by an agency or program |
|
|
with the primary purpose of protecting, securing, or relocating |
|
|
witnesses; or |
|
|
(2) in the possession of the state and relating to the |
|
|
protecting, securing, or relocating of a witness by an agency or |
|
|
program described by Subdivision (1). |
|
|
(b) Notwithstanding Article 39.14, the state may not |
|
|
produce for the defendant or permit the inspection by the defendant |
|
|
of material described by Subsection (a) before the material has |
|
|
been submitted to the court for an in camera review and the court |
|
|
has determined that the production or inspection of the material |
|
|
is: |
|
|
(1) required under the United States Constitution; or |
|
|
(2) otherwise necessary for a matter before the court. |
|
|
(c) To preserve material for appellate review, the court |
|
|
shall place any material reviewed in camera under this article |
|
|
under seal of the court. |
|
|
(d) A prosecutor or other attorney representing an agency or |
|
|
program with the primary purpose of protecting, securing, or |
|
|
relocating witnesses has standing in any criminal action to oppose |
|
|
the disclosure of material under this article. |
|
|
SECTION 4. Chapter 30, Civil Practice and Remedies Code, is |
|
|
amended by adding Section 30.0065 to read as follows: |
|
|
Sec. 30.0065. MATERIAL RELATED TO WITNESS PROTECTION OR |
|
|
SECURITY. (a) This section applies to any record, claim, writing, |
|
|
document, information, or other material: |
|
|
(1) received, made, or kept by an agency or program |
|
|
with the primary purpose of protecting, securing, or relocating |
|
|
witnesses; or |
|
|
(2) in the possession of the state and relating to the |
|
|
protecting, securing, or relocating of a witness by an agency or |
|
|
program described by Subdivision (1). |
|
|
(b) A party in a civil case may not produce or release |
|
|
material described by Subsection (a) before the material has been |
|
|
submitted to the court for an in camera review and the court has |
|
|
determined that the production or release of the material is |
|
|
necessary for a matter before the court. |
|
|
(c) To preserve material for appellate review, the court |
|
|
shall place any material reviewed in camera under this section |
|
|
under seal of the court. |
|
|
(d) A prosecutor or other attorney representing an agency or |
|
|
program with the primary purpose of protecting, securing, or |
|
|
relocating witnesses has standing in any civil action to oppose the |
|
|
disclosure of material under this section. |
|
|
SECTION 5. Subchapter C, Chapter 552, Government Code, is |
|
|
amended by adding Section 552.1082 to read as follows: |
|
|
Sec. 552.1082. EXCEPTION: CONFIDENTIALITY OF CERTAIN |
|
|
INFORMATION REGARDING WITNESS PROTECTION OR SECURITY. Information |
|
|
is confidential and excepted from the requirements of Section |
|
|
552.021 if the information is: |
|
|
(1) received, made, or kept by an agency or program |
|
|
with the primary purpose of protecting, securing, or relocating |
|
|
witnesses; or |
|
|
(2) in the possession of the state and relating to the |
|
|
protecting, securing, or relocating of a witness by an agency or |
|
|
program described by Subdivision (1). |
|
|
SECTION 6. Chapter 38, Penal Code, is amended by adding |
|
|
Section 38.20 to read as follows: |
|
|
Sec. 38.20. UNLAWFUL DISCLOSURE OF MATERIAL RELATED TO |
|
|
WITNESS PROTECTION OR SECURITY. (a) A person commits an offense if |
|
|
the person knowingly discloses any record, claim, writing, |
|
|
document, information, or other material: |
|
|
(1) in violation of Article 39.16, Code of Criminal |
|
|
Procedure, or Section 30.0065, Civil Practice and Remedies Code; or |
|
|
(2) in response to a request under Chapter 552, |
|
|
Government Code, when the record, claim, writing, document, |
|
|
information, or other material is confidential and excepted from |
|
|
disclosure under Section 552.1082, Government Code. |
|
|
(b) An offense under this section is a Class A misdemeanor. |
|
|
SECTION 7. (a) Article 39.14, Code of Criminal Procedure, |
|
|
as amended by this Act, and Article 39.16, Code of Criminal |
|
|
Procedure, as added by this Act, apply only to the prosecution of an |
|
|
offense committed on or after the effective date of this Act. The |
|
|
prosecution of an offense committed before the effective date of |
|
|
this Act is governed by the law in effect on the date the offense was |
|
|
committed, and the former law is continued in effect for that |
|
|
purpose. For purposes of this section, an offense is committed |
|
|
before the effective date of this Act if any element of the offense |
|
|
occurs before the effective date. |
|
|
(b) Section 30.0065, Civil Practice and Remedies Code, as |
|
|
added by this Act, applies only to an action commenced on or after |
|
|
the effective date of this Act. |
|
|
(c) Section 552.1082, Government Code, as added by this Act, |
|
|
applies only to a request for public information received on or |
|
|
after the effective date of this Act. A request for public |
|
|
information received before the effective date of this Act is |
|
|
governed by the law in effect on the date the request was received, |
|
|
and the former law is continued in effect for that purpose. |
|
|
SECTION 8. This Act takes effect September 1, 2021. |
|
|
|
|
|
* * * * * |