By:  Carona                                                       S.B. No. 560
	(In the Senate - Filed February 16, 2005; February 28, 2005, 
read first time and referred to Committee on Criminal Justice; 
April 11, 2005, reported adversely, with favorable Committee 
Substitute by the following vote:  Yeas 5, Nays 0; April 11, 2005, 
sent to printer.)


COMMITTEE SUBSTITUTE FOR S.B. No. 560                                    By:  Hinojosa


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, Code of Criminal Procedure, is 
amended by amending Subsection (a) and adding Subsection (a-1) 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 reproduction [copying] or 
photographing by or on behalf of the defendant of any designated 
documents, papers, written statement of the defendant, written or 
recorded statement of any person whom the State intends to call as a 
witness at trial, ([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 reproducing or 
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.  The court shall require 
the State to comply with this subsection not later than the 60th day 
before the date the trial begins or as soon as practicable after the 
defendant makes the motion.
	(a-1)  Upon motion of the State, the court in which an action 
is pending shall order the defendant to produce and permit the 
inspection and reproduction or photographing of a list of tangible 
objects and photographs the defendant intends to use at trial, and 
the written or recorded statement of any person other than the 
defendant, including a witness described by Subsection (b), whom 
the defendant intends to call as a witness at trial (except the work 
product of counsel in the case and their investigators and their 
notes or report).  The court shall require the defendant to comply 
with this subsection not later than the 20th day before the date the 
trial begins or as soon as practicable after the State makes the 
motion.
	SECTION 2.  The changes in law made by Subsection (A), 
Article 39.14, Code of Criminal Procedure, as amended by this Act, 
and Subsection (a-1), Article 39.14, Code of Criminal Procedure, as 
added by this Act, apply 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.



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