1-1 By: Lucio S.B. No. 557 1-2 (In the Senate - Filed February 17, 1999; February 18, 1999, 1-3 read first time and referred to Committee on Criminal Justice; 1-4 March 25, 1999, reported favorably by the following vote: Yeas 4, 1-5 Nays 2; March 25, 1999, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to the discovery of expert witnesses in a criminal trial. 1-9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-10 SECTION 1. Article 39.14, Code of Criminal Procedure, is 1-11 amended to read as follows: 1-12 Art. 39.14. DISCOVERY. (a) Upon motion of the defendant 1-13 showing good cause therefor and upon notice to the other parties, 1-14 the court in which an action is pending may order the State before 1-15 or during trial of a criminal action therein pending or on trial to 1-16 produce and permit the inspection and copying or photographing by 1-17 or on behalf of the defendant of any designated documents, papers, 1-18 written statement of the defendant, (except written statements of 1-19 witnesses and except the work product of counsel in the case and 1-20 their investigators and their notes or report), books, accounts, 1-21 letters, photographs, objects or tangible things not privileged, 1-22 which constitute or contain evidence material to any matter 1-23 involved in the action and which are in the possession, custody or 1-24 control of the State or any of its agencies. The order shall 1-25 specify the time, place and manner of making the inspection and 1-26 taking the copies and photographs of any of the aforementioned 1-27 documents or tangible evidence; provided, however, that the rights 1-28 herein granted shall not extend to written communications between 1-29 the State or any of its agents or representatives or employees. 1-30 Nothing in this Act shall authorize the removal of such evidence 1-31 from the possession of the State, and any inspection shall be in 1-32 the presence of a representative of the State. 1-33 (b) On motion of a party and on notice to the other parties, 1-34 the court in which an action is pending may order one or more of 1-35 the other parties to disclose to the party making the motion the 1-36 name and address of each person the other party may use at trial to 1-37 present evidence under Rules 702, 703, and 705, Texas Rules of 1-38 Evidence. The court shall specify in the order the time and manner 1-39 in which the other party must make the disclosure to the moving 1-40 party. 1-41 SECTION 2. This Act takes effect September 1, 1999. 1-42 SECTION 3. The importance of this legislation and the 1-43 crowded condition of the calendars in both houses create an 1-44 emergency and an imperative public necessity that the 1-45 constitutional rule requiring bills to be read on three several 1-46 days in each house be suspended, and this rule is hereby suspended. 1-47 * * * * *