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79R4923 RMB-F

By:  Keel                                                         H.B. No. 969



A BILL TO BE ENTITLED

AN ACT

relating to court orders for discovery in a criminal case.                    
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Article 39.14(a), Code of Criminal Procedure, is 
amended to read as follows:
	(a)  Upon motion of the defendant showing good cause therefor 
and upon notice to the other parties, the court in which an action 
is pending shall [may] 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, (except written statements of witnesses and except 
the work product of counsel in the case and their investigators and 
their notes or report), books, accounts, letters, photographs, 
objects or tangible things not privileged, 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.  The order shall specify the time, place and manner 
of making the inspection and taking the copies and photographs of 
any of the aforementioned documents or tangible evidence;  
provided, however, that the rights herein granted shall not extend 
to written communications between the State or any of its agents or 
representatives or employees.  Nothing in this Act shall authorize 
the removal of such evidence from the possession of the State, and 
any inspection shall be in the presence of a representative of the 
State.
	SECTION 2.  The change in law made by Article 39.14(a), Code 
of Criminal Procedure, as amended by this Act, applies to a motion 
for discovery filed on or after the effective date of this Act.  A 
motion for discovery filed before the effective date of this Act is 
covered by the law in effect on the date the motion is filed, and the 
former law is continued in effect for that purpose.
	SECTION 3.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2005.