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A BILL TO BE ENTITLED
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AN ACT
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relating to providing guidelines to the supreme court for the |
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promulgation of rules for an exception from discovery in civil |
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cases for nonparty law enforcement agencies. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 18, Civil Practice and Remedies Code, is |
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amended by adding Subchapter E to read as follows: |
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SUBCHAPTER E. PROMULGATION OF CERTAIN DISCOVERY RULES |
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Sec. 18.121. DEFINITION. In this subchapter, "law |
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enforcement agency" means a governmental agency that employs a |
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peace officer as defined under Article 2.12, Code of Criminal |
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Procedure. |
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Sec. 18.122. SUPREME COURT TO MAKE RULES. The supreme court |
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shall promulgate rules for an exception from discovery for a |
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nonparty law enforcement agency in civil cases for investigative |
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files, strategies, and techniques for ongoing investigations, in |
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accordance with the guidelines provided by this subchapter. |
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Sec. 18.123. GUIDELINES FOR RULES. (a) The rules |
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promulgated by the supreme court must provide that, except on a |
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court order as provided in Subsection (b)(1), a party to a civil |
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suit may not compel discovery from a nonparty law enforcement |
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agency of information, records, documents, evidentiary materials, |
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and tangible things that deal with: |
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(1) the detection, investigation, or prosecution of |
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crime; or |
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(2) the specific investigation of a criminal act or |
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event that has not resulted in a conviction or deferred |
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adjudication of the individual or entity responsible for the crime. |
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(b) The rules promulgated by the supreme court must provide |
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that the court: |
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(1) may order discovery from a law enforcement agency |
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only on motion of the party seeking discovery and after a showing of |
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relevancy and materiality and a specific need in the interest of |
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justice for the information, records, documents, evidentiary |
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materials, and tangible things requested; |
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(2) shall consider all appropriate protective |
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measures to prevent the dissemination and use of the privileged and |
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confidential law enforcement information, records, documents, |
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evidentiary materials, and tangible things described in Subsection |
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(a) beyond that which the court considers necessary for purposes of |
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the civil litigation; and |
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(3) shall issue an abatement of the civil proceedings |
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on proof that a criminal prosecution has been initiated based on the |
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criminal investigation of the law enforcement agency. |
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(c) The rules promulgated by the supreme court must provide |
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that all parties seeking discovery for a nonparty law enforcement |
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agency must comply with the notice requirements for the applicable |
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form of discovery before filing the motion under Subsection (b)(1). |
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SECTION 2. The rules that the supreme court is required to |
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promulgate under Subchapter E, Chapter 18, Civil Practice and |
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Remedies Code, as added by this Act, must be in effect on January 1, |
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2008. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |