HBA-KMH H.B. 2675 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2675 By: Keel Criminal Jurisprudence 3/29/1999 Introduced BACKGROUND AND PURPOSE Currently, courts are not authorized to provide the names and addresses of persons presenting evidence for the defense, under Rules 702, 703, and 705, Texas Rules of Evidence, to the prosecutor. Defense lawyers may request and obtain this information from the prosecutor as part of the discovery process. Due to the technical nature of an expert's testimony, it would be helpful if the state knew previous to trial what experts the defense will call. This reciprocal measure will not jeopardize the defendant's case and the discovery could make the testimony at trial more efficient. H.B. 2675 authorizes a court to disclose the names and addresses of persons presenting evidence under Rules 702, 703, and 705, Texas Rules of Evidence, prior to trial. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Article 39.14, Code of Criminal Procedure, to authorize the court in which an action is pending, on motion of a party and on notice to the other parties, to order one or more of the other parties to disclose to the party making the motion the name and address of each person the other party may use at trial to present evidence under Rules 702 (Testimony by Experts), 703 (Bases of Opinion Testimony by Experts), and 705 (Disclosure of Facts or Data Underlying Expert Opinion), Texas Rules of Evidence. Requires the court to specify in the order the time and manner in which the other party must make the disclosure. SECTION 2. Effective date: September 1, 1999. SECTION 3. Emergency clause.