Enrolled Bill Summary

Senate Bill 1611	Senate Author:  Ellis et al.
Effective:  1-1-14	House Sponsor:  Thompson, Senfronia et al.

            Senate Bill 1611, known as the Michael Morton Act, amends the Code of Criminal Procedure to revise provisions relating to discovery in a criminal case. Previous law required the state to disclose certain evidence in a pending criminal action only on a good cause showing by the defendant and on notice to the other parties. The bill instead requires the state, as soon as practicable after receiving a timely request from the defendant and subject to certain restrictions, to produce and permit the inspection and the electronic duplication, copying, and photographing, by or on behalf of the defendant, of certain evidence. The bill expands the types of evidence required to be disclosed to the defendant, authorizes the state to provide electronic duplicates of such evidence to the defendant, and sets out provisions regarding the withholding or redaction of portions of discoverable evidence. The bill also requires the state to electronically record or document any document, item, or information provided to the defendant in discovery.

Senate Bill 1611 prohibits the disclosure to a third party of documents, evidence, materials, or witness statements received from the state in discovery except under specified conditions. However, the attorney representing the defendant, or an investigator, expert, consulting legal counsel, or agent for the attorney representing the defendant, may allow a defendant, witness, or prospective witness to view the information provided in discovery, after the person possessing the information redacts certain personal identifying information.

Senate Bill 1611 requires the state to disclose to the defendant any exculpatory, impeachment, or mitigating document, item, or information in the possession, custody, or control of the state that tends to negate the defendant's guilt or would tend to reduce the punishment for the offense charged. If at any time before, during, or after trial the state discovers any additional exculpatory, impeachment, or mitigating document, item, or information, the state must promptly disclose its existence to the defendant or the court. Additionally, before accepting a plea of guilty or nolo contendere, or before trial, each party must acknowledge in writing or on the record in open court the disclosure, receipt, and list of discovery provided to the defendant. The bill authorizes a court to order the defendant to pay costs related to discovery that do not exceed the charges for providing copies of public information under state public information law.