By Keel H.B. No. 2675 76R6270 GWK-F A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the discovery of expert witnesses in a criminal trial. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Article 39.14, Code of Criminal Procedure, is 1-5 amended to read as follows: 1-6 Art. 39.14. DISCOVERY. (a) Upon motion of the defendant 1-7 showing good cause therefor and upon notice to the other parties, 1-8 the court in which an action is pending may order the State before 1-9 or during trial of a criminal action therein pending or on trial to 1-10 produce and permit the inspection and copying or photographing by 1-11 or on behalf of the defendant of any designated documents, papers, 1-12 written statement of the defendant, (except written statements of 1-13 witnesses and except the work product of counsel in the case and 1-14 their investigators and their notes or report), books, accounts, 1-15 letters, photographs, objects or tangible things not privileged, 1-16 which constitute or contain evidence material to any matter 1-17 involved in the action and which are in the possession, custody or 1-18 control of the State or any of its agencies. The order shall 1-19 specify the time, place and manner of making the inspection and 1-20 taking the copies and photographs of any of the aforementioned 1-21 documents or tangible evidence; provided, however, that the rights 1-22 herein granted shall not extend to written communications between 1-23 the State or any of its agents or representatives or employees. 1-24 Nothing in this Act shall authorize the removal of such evidence 2-1 from the possession of the State, and any inspection shall be in 2-2 the presence of a representative of the State. 2-3 (b) On motion of a party and on notice to the other parties, 2-4 the court in which an action is pending may order one or more of 2-5 the other parties to disclose to the party making the motion the 2-6 name and address of each person the other party may use at trial to 2-7 present evidence under Rules 702, 703, and 705, Texas Rules of 2-8 Evidence. The court shall specify in the order the time and manner 2-9 in which the other party must make the disclosure to the moving 2-10 party. 2-11 SECTION 2. This Act takes effect September 1, 1999. 2-12 SECTION 3. The importance of this legislation and the 2-13 crowded condition of the calendars in both houses create an 2-14 emergency and an imperative public necessity that the 2-15 constitutional rule requiring bills to be read on three several 2-16 days in each house be suspended, and this rule is hereby suspended.