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79R2824 KEL-F

By:  Hinojosa                                                     S.B. No. 1508



A BILL TO BE ENTITLED

AN ACT

relating to a subpoena issued to obtain information relating to 
certain attorney-client relationships.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Chapter 24, Code of Criminal Procedure, is 
amended by adding Article 24.012 to read as follows:
	Art. 24.012.  ISSUANCE OF SUBPOENA TO ATTORNEYS FOR 
INFORMATION RELATING TO REPRESENTATION OF CLIENTS.  (a)  A subpoena 
relating to an attorney's representation of a defendant in a 
criminal matter may not be issued under this chapter or Chapter 20 
to the attorney unless the attorney general approves the issuance.
	(b)  In determining whether a subpoena described by 
Subsection (a) should be issued, the attorney representing the 
state shall weigh the client's right to effective assistance of 
counsel against the interest of the public in the fair 
administration of justice and effective law enforcement.
	(c)  As an alternative to the issuance of a subpoena, the 
attorney representing the state shall make a reasonable effort to 
obtain the client representation information directly from the 
attorney or other appropriate sources, including a direct request 
to the attorney to provide the information.  The attorney 
representing the state is not required to request the client 
representation information directly from the attorney or make other 
reasonable efforts to obtain the information if the request or 
attempt to obtain the information would subsequently impair the 
issuance of a subpoena or if the request or attempt would otherwise 
compromise the investigation or prosecution of the case.
	(d)  The attorney general may approve a request for or 
issuance of a subpoena described by Subsection (a) only if:
		(1)  the information sought is not protected by a claim 
of privilege;
		(2)  all reasonable efforts to obtain the information 
were unsuccessful;
		(3)  there are reasonable grounds to believe that an 
offense has been or is being committed and the information is 
reasonably needed for the investigation or prosecution of the 
offense;
		(4)  the need of the attorney representing the state 
for the information outweighs any potential adverse effect on the 
representation of the client, including a risk that the other 
attorney may be required to testify against the client or may be 
disqualified from representing the client as a result of that 
testimony; and
		(5)  the attorney representing the state draws the 
subpoena narrowly and seeks only material information in a limited 
subject area and from a reasonable and limited period of the 
representation of the client.
	SECTION 2.  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.