S.B. No. 435
 
 
 
 
AN ACT
  relating to the disclosure under the public information law of
  certain evidence of a crime that resulted in the death of a person.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 552.108, Government Code, is amended by
  adding Subsections (d), (e), (f), (g), and (h) to read as follows:
         (d)  Notwithstanding other law, a prosecutor may permit a
  person to view the following evidence of a crime that resulted in
  the death of a person and that occurred in the prosecutor's
  jurisdiction:
               (1)  a medical examiner's report, if the person viewing
  the report is a family member of the person who is the subject of the
  report and the person who is the subject of the report was a victim
  of the crime; and
               (2)  video evidence of the crime, if the person viewing
  the video is a victim of the crime or a family member of a victim of
  the crime.
         (e)  A person permitted to view a medical examiner's report
  or video evidence under Subsection (d) may not duplicate, record,
  capture, or otherwise memorialize the information. A prosecutor
  may require a person to sign a confidentiality agreement before
  permitting the person to view the information.
         (f)  A permitted viewing of a medical examiner's report or
  video evidence under Subsection (d) is not a voluntary disclosure
  of information for purposes of Section 552.007(b). A governmental
  body, by providing information under Subsection (d) that is
  confidential or otherwise excepted from required disclosure under
  law, does not waive or affect the confidentiality of the
  information for purposes of state or federal law or waive the right
  to assert exceptions to required disclosure of the information in
  the future.
         (g)  Subsection (d) does not affect:
               (1)  the right of a person to obtain a medical
  examiner's report or video evidence of a crime from a governmental
  body under other law;
               (2)  the procedures under which the information is
  obtained under other law; or
               (3)  the use that may be made of the information
  obtained under other law.
         (h)  In this section:
               (1)  "Family member" means a person related to a victim
  of a crime within the first degree of consanguinity or affinity.
               (2)  "Medical examiner's report" means a report and the
  contents of such a report created by a medical examiner under
  Article 49.25, Code of Criminal Procedure, including an autopsy
  report and toxicology report. The term does not include a
  photograph or medical image contained in a report.
               (3)  "Victim" means an individual who suffered personal
  injury or death as a result of criminal conduct.
         SECTION 2.  The change in law made by this Act applies to a
  crime that occurred before, on, or after the effective date of this
  Act.
         SECTION 3.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2023.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 435 passed the Senate on
  April 20, 2023, by the following vote: Yeas 29, Nays 0; and that
  the Senate concurred in House amendment on May 11, 2023, by the
  following vote: Yeas 30, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 435 passed the House, with
  amendment, on May 6, 2023, by the following vote: Yeas 133, Nays 1,
  two present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor