By Duncan                                              S.B. No. 582
         77R5872 GWK-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the discovery of certain information in criminal cases
 1-3     and the manner in which defendants receive that information.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Article 39.14, Code of Criminal Procedure, is
 1-6     amended by amending Subsection (a) and adding Subsection (c) to
 1-7     read as follows:
 1-8           (a)  Upon motion of the defendant showing good cause therefor
 1-9     and upon notice to the attorney representing the state [other
1-10     parties], the court in which an action is pending may order the
1-11     State before or during trial of a criminal action therein pending
1-12     or on trial to produce and permit the inspection and copying or
1-13     photographing by or on behalf of the defendant of any designated
1-14     documents, papers, written statement of the defendant, police
1-15     reports, and written or recorded witness statements ([except
1-16     written statements of witnesses and] except the work product of
1-17     counsel in the case and the [their investigators and their] notes
1-18     or reports prepared at the direction of the attorney representing
1-19     the state and in anticipation of trial [report]), and books,
1-20     accounts, letters, photographs, objects or tangible things not
1-21     privileged, which constitute or contain evidence material to any
1-22     matter involved in the action and which are in the possession,
1-23     custody or control of the State or any of its agencies.  The order
1-24     shall specify the time, place and manner of making the inspection
 2-1     and taking the copies and photographs of any of the aforementioned
 2-2     documents or tangible evidence; provided, however, that the rights
 2-3     herein granted shall not extend to written communications, other
 2-4     than police reports, between the State or any of its agents or
 2-5     representatives or employees.  Nothing in this Act shall authorize
 2-6     the removal of such evidence from the possession of the State, and
 2-7     any inspection shall be in the presence of a representative of the
 2-8     State.
 2-9           (c)  As an alternative to ordering under Subsection (a) that
2-10     a police report or witness statement be produced for inspection and
2-11     copying or photographing, a judge may require the state to provide
2-12     to the defendant, at a reasonable cost, a copy of the report or
2-13     statement.
2-14           SECTION 2.  This Act takes effect immediately if it receives
2-15     a vote of two-thirds of all the members elected to each house, as
2-16     provided by Section 39, Article III, Texas Constitution.  If this
2-17     Act does not receive the vote necessary for immediate effect, this
2-18     Act takes effect September 1, 2001.