AN ACT 1-1 relating to the discovery of expert witnesses in a criminal trial. 1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-3 SECTION 1. Article 39.14, Code of Criminal Procedure, is 1-4 amended to read as follows: 1-5 Art. 39.14. DISCOVERY. (a) Upon motion of the defendant 1-6 showing good cause therefor and upon notice to the other parties, 1-7 the court in which an action is pending may order the State before 1-8 or during trial of a criminal action therein pending or on trial to 1-9 produce and permit the inspection and copying or photographing by 1-10 or on behalf of the defendant of any designated documents, papers, 1-11 written statement of the defendant, (except written statements of 1-12 witnesses and except the work product of counsel in the case and 1-13 their investigators and their notes or report), books, accounts, 1-14 letters, photographs, objects or tangible things not privileged, 1-15 which constitute or contain evidence material to any matter 1-16 involved in the action and which are in the possession, custody or 1-17 control of the State or any of its agencies. The order shall 1-18 specify the time, place and manner of making the inspection and 1-19 taking the copies and photographs of any of the aforementioned 1-20 documents or tangible evidence; provided, however, that the rights 1-21 herein granted shall not extend to written communications between 1-22 the State or any of its agents or representatives or employees. 1-23 Nothing in this Act shall authorize the removal of such evidence 1-24 from the possession of the State, and any inspection shall be in 2-1 the presence of a representative of the State. 2-2 (b) On motion of a party and on notice to the other parties, 2-3 the court in which an action is pending may order one or more of 2-4 the other parties to disclose to the party making the motion the 2-5 name and address of each person the other party may use at trial to 2-6 present evidence under Rules 702, 703, and 705, Texas Rules of 2-7 Evidence. The court shall specify in the order the time and manner 2-8 in which the other party must make the disclosure to the moving 2-9 party, but in specifying the time in which the other party shall 2-10 make disclosure the court shall require the other party to make the 2-11 disclosure not later than the 20th day before the date the trial 2-12 begins. 2-13 SECTION 2. This Act takes effect September 1, 1999. 2-14 SECTION 3. The importance of this legislation and the 2-15 crowded condition of the calendars in both houses create an 2-16 emergency and an imperative public necessity that the 2-17 constitutional rule requiring bills to be read on three several 2-18 days in each house be suspended, and this rule is hereby suspended. _______________________________ _______________________________ President of the Senate Speaker of the House I hereby certify that S.B. No. 557 passed the Senate on April 13, 1999, by a viva-voce vote; and that the Senate concurred in House amendments on May 21, 1999, by a viva-voce vote. _______________________________ Secretary of the Senate I hereby certify that S.B. No. 557 passed the House, with amendments, on May 19, 1999, by a non-record vote. _______________________________ Chief Clerk of the House Approved: _______________________________ Date _______________________________ Governor