H.B. 2288 78(R)    BILL ANALYSIS


H.B. 2288
By: Alonzo
Criminal Jurisprudence
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

In order to access evidence in the possession of the State, a defendant is
currently required to submit a motion to the court.  The court must
subsequently order the State to turn over material evidence of the case in
question.  As currently provided, the State must then produce and permit
inspection and copying of material evidence before or during the trial of
a criminal action, with the exception of written statements of witnesses
and the work product of counsel in the case.   

The process of obtaining a court order to acquire evidence from the State
lengthens the time involved to resolve a criminal action.  An open process
in which a defendant has speedy access to material evidence in the
possession of the State is essential for a fair trial.  House Bill 2288
will allow a defendant to obtain material evidence in the State's
possession upon a written request. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

ANALYSIS

House Bill 2288 amends the Code of Criminal Procedure, by changing the
requirement for  a  motion by the defendant, and subsequent court order,
to a written request in order to access information in the possession of
the State.  In accordance with this change,  the requirements that a court
order had to meet are also removed. The bill also states that after
conviction, but before sentencing a defendant, the judge shall permit the
defendant or his counsel to read the presentence report. 

EFFECTIVE DATE

September 1, 2003.