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.