SRC-JBJ S.B. 582 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 582
77R5872 GWK-FBy: Duncan
Criminal Justice
2/19/2001
As Filed


DIGEST AND PURPOSE 

Under current Texas law, judges do not have the discretion to order that
defense counsel receive copies of the police reports or witness statements
given to the prosecution.  Disclosure of this information rests solely on
the discretion of the prosecutor.  As proposed, S.B. 582 makes it clear
that judges have the authority to permit defense counsel to obtain copies
of certain information, such as agency reports and witness statements
generated by the police before the police deliver these documents to the
prosecution.   

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Article 39.14, Code of Criminal Procedure, by amending
Subsection (a) and adding Subsection (c), as follows: 

(a)  Authorizes the court in which an action is pending, upon motion of the
defendant showing good cause therefor and upon notice to the attorney
representing the state, rather than other parties, to order the state
before or during trial of a criminal action therein pending or on trial to
produce and permit the inspection and copying or photographing by or on
behalf of the defendant of any designated documents, papers, written
statement of the defendant, police reports, and written or recorded witness
statements, except the work product of counsel in the case and the notes or
reports prepared at the direction of the attorney representing the state
and in anticipation of trial, and other certain items which constitute or
contain evidence material to any matter involved in the action and which
are in the possession, custody or control of the state or any of its
agencies.  Deletes existing text pertaining to written statements of
witnesses, investigators, and reports.  Prohibits the rights granted within
certain specifications of the order from extending to written
communications, other than police reports, between the state or any of its
agents or representatives or employees.   

(c)  Authorizes a judge, as an alternative to ordering under Subsection (a)
that a police report or witness statement be produced for inspection and
copying or photographing, to require the state to provide to the defendant,
at a reasonable cost, a copy of the report or statement. 

SECTION 2.  Effective date: upon passage or September 1, 2001.