SRC-JBJ S.B. 557 76(R)BILL ANALYSIS


Senate Research CenterS.B. 557
By: Lucio
Criminal Justice
7/21/1999
Enrolled


DIGEST 

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, the state
should also be allowed to know previous to trial what experts the defense
will call.  Although the reciprocal measure will not jeopardize the
defendant's case, the discovery could make the testimony at trial more
efficient.  S.B. 557 will authorize a court to disclose the names and
addresses of persons presenting evidence under Rules 702, 703, and 705,
Texas Rules of Evidence. 

PURPOSE

As enrolled, S.B. 557 authorizes a court to disclose the names and
addresses of persons presenting evidence under Rules 702, 703, and 705,
Texas Rules of Evidence. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Article 39.14, Code of Criminal Procedure, to authorize
a court, on motion of a party and on notice to other parties, to disclose
to the party making the motion the names and addresses of persons
presenting for the evidence for the other party under authority of Rules
702, 703, and 705, 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 to the moving party, but in specifying the time in which the
other party shall make disclosure the court shall require the other party
to make the disclosure not later than the 20th day before the date the
trial begins.  Makes a conforming change. 

SECTION 2.  Effective date: September 1, 1999.

SECTION 3.Emergency clause.