By: Sibley S.B. No. 41
73R1037 DRH-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to notice of the intended use of an alibi defense in a
1-3 criminal case.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 39, Code of Criminal Procedure, is
1-6 amended by adding Article 39.15 to read as follows:
1-7 Art. 39.15. NOTICE OF ALIBI; DISCOVERY OF STATE'S WITNESSES.
1-8 (a) If the attorney for the state timely requests in writing
1-9 notice of the defendant's intention to offer a defense of alibi at
1-10 trial and the request includes the time, date, and place at which
1-11 the state alleges that the offense was committed, the defendant
1-12 shall, not later than the 10th day after the date on which the
1-13 request was received, or at any time the court directs, serve the
1-14 attorney for the state with a written notice of the defendant's
1-15 intention to offer a defense of alibi. The notice shall state the
1-16 specific place or places where the defendant claims to have been at
1-17 the time of the alleged offense and the names and addresses of the
1-18 witnesses on whom the defendant intends to rely to establish the
1-19 alibi.
1-20 (b) After receiving the defendant's notice of alibi, the
1-21 attorney for the state shall serve the defendant or the defendant's
1-22 attorney with a written notice stating the names and addresses of
1-23 the witnesses on whom the state intends to rely to establish the
1-24 defendant's presence at the scene of the alleged offense and any
2-1 other witnesses to be relied on to rebut the testimony of any of
2-2 the defendant's alibi witnesses. The notice must be served not
2-3 later than the 10th day after the date on which the attorney for
2-4 the state receives the defendant's notice or the 10th day before
2-5 the date on which the trial on the merits commences, whichever date
2-6 occurs first. The court, however, may permit service of the notice
2-7 at any other time as it considers just under the circumstances.
2-8 (c) Evidence of an intention to rely on an alibi defense,
2-9 later withdrawn, or of statements made in connection with that
2-10 intention, is not admissible in any civil or criminal proceeding
2-11 against the defendant who gave notice of the intention.
2-12 (d) If before or during trial a party learns of an
2-13 additional witness whose identity, if known, should have been
2-14 furnished to the opposing party under Subsection (a) or (b) of this
2-15 article, the party shall promptly notify the other party or the
2-16 other party's attorney of the existence and identity of the
2-17 additional witness.
2-18 (e) On a sufficient showing the court may at any time order
2-19 that notification of the existence and identity of a witness
2-20 required under Subsection (a) or (b) of this article be denied,
2-21 restricted, or deferred or the time limits be shortened, or make
2-22 any other order it considers appropriate.
2-23 (f) If at any time during the course of the proceedings it
2-24 is brought to the attention of the court that a party has failed to
2-25 comply with the requirements of this article, the court may require
2-26 the party to provide notification, grant a continuance, prohibit an
2-27 undisclosed witness from testifying, or enter any other order it
3-1 considers just under the circumstances. The court may not prevent
3-2 the defendant from testifying on any matter relevant to the trial.
3-3 (g) A defendant does not have to provide notice of an intent
3-4 to use an alibi defense under Subsection (a) of this article if the
3-5 defendant is the only witness for the alibi.
3-6 SECTION 2. The change in law made by this Act applies only
3-7 to a trial for a criminal offense committed on or after the
3-8 effective date of this Act. For purposes of this section, an
3-9 offense is committed before the effective date of this Act if any
3-10 element of the offense occurs before the effective date.
3-11 SECTION 3. This Act takes effect September 1, 1993.
3-12 SECTION 4. The importance of this legislation and the
3-13 crowded condition of the calendars in both houses create an
3-14 emergency and an imperative public necessity that the
3-15 constitutional rule requiring bills to be read on three several
3-16 days in each house be suspended, and this rule is hereby suspended.