By Culberson                                     H.B. No. 551

      75R1916 GWK-D                           

                                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)  An attorney for the defendant may not offer a defense of alibi

 1-9     at trial unless the defendant, not later than the 10th day before

1-10     the date on which the voir dire commences, or at any time the court

1-11     directs, serves the attorney for the state with a written notice of

1-12     the defendant's intention to offer a defense of alibi.  The notice

1-13     must state the specific place or places where the defendant claims

1-14     to have been at the time of the alleged offense and the names and

1-15     addresses of the witnesses on whom the defendant intends to rely to

1-16     establish the alibi.

1-17           (b)  After receiving the defendant's notice of alibi, the

1-18     attorney for the state shall serve the defendant or the defendant's

1-19     attorney with a written notice stating the names and addresses of

1-20     the witnesses on whom the state intends to rely to establish the

1-21     defendant's presence at the scene of the alleged offense and any

1-22     other witnesses to be relied on to rebut the testimony of any of

1-23     the defendant's alibi witnesses.  The notice must be served not

1-24     later than the 10th day after the date on which the attorney for

 2-1     the state receives the defendant's notice or the 10th day before

 2-2     the date on which the voir dire commences, whichever date occurs

 2-3     first.  The court, however, may permit service of the notice at any

 2-4     other time as it considers just under the circumstances.

 2-5           (c)  Evidence of an intention to rely on an alibi defense,

 2-6     later withdrawn, or of statements made in connection with that

 2-7     intention, is not admissible in any civil or criminal proceeding

 2-8     against the defendant who gave notice of the intention.

 2-9           (d)  If before or during trial a party learns of an

2-10     additional witness whose identity, if known, should have been

2-11     furnished to the opposing party under Subsection (a) or (b) of this

2-12     article, the party shall promptly notify the other party or the

2-13     other party's attorney of the existence and identity of the

2-14     additional witness.

2-15           (e)  On a sufficient showing the court may at any time order

2-16     that notification of the existence and identity of a witness

2-17     required under Subsection (a) or (b) of this article be denied,

2-18     restricted, or deferred or the time limits be shortened, or make

2-19     any other order it considers appropriate.

2-20           (f)  If at any time during the course of the proceedings it

2-21     is brought to the attention of the court that a party has failed to

2-22     comply with the requirements of this article, the court may require

2-23     the party to provide notification, grant a continuance, prohibit an

2-24     undisclosed witness from testifying, or enter any other order it

2-25     considers just under the circumstances.  The court may not prevent

2-26     the defendant from testifying on any matter relevant to the trial.

2-27           (g)  A defendant does not have to provide notice of an intent

 3-1     to use an alibi defense under Subsection (a) of this article if the

 3-2     defendant is the only witness for the alibi.

 3-3           SECTION 2.  The change in law made by this Act applies only

 3-4     to a trial for a criminal offense committed on or after the

 3-5     effective date of this Act.  For purposes of this section, an

 3-6     offense is committed before the effective date of this Act if any

 3-7     element of the offense occurs before the effective date.

 3-8           SECTION 3.  This Act takes effect September 1, 1997.

 3-9           SECTION 4.  The importance of this legislation and the

3-10     crowded condition of the calendars in both houses create an

3-11     emergency   and   an   imperative   public   necessity   that   the

3-12     constitutional rule requiring bills to be read on three several

3-13     days in each house be suspended, and this rule is hereby suspended.