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.