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