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A BILL TO BE ENTITLED
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AN ACT
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relating to an exception from civil discovery for certain records |
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of a law enforcement agency. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 30, Civil Practice and Remedies Code, is |
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amended by adding Section 30.006 to read as follows: |
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Sec. 30.006. CERTAIN LAW ENFORCEMENT AGENCY RECORDS NOT |
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SUBJECT TO DISCOVERY. (a) In this section, "law enforcement |
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agency" means a governmental agency that employs a peace officer as |
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defined under Article 2.12, Code of Criminal Procedure. |
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(b) This section does not apply to an action in which a law |
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enforcement agency is a party. |
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(c) Except as provided by Subsection (d), a court in a civil |
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action may not order discovery from a nonparty law enforcement |
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agency of information, records, documents, evidentiary materials, |
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and tangible things if: |
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(1) the information, records, documents, evidentiary |
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materials, or tangible things deal with: |
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(A) the detection, investigation, or prosecution |
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of crime; or |
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(B) an investigation by the nonparty law |
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enforcement agency that does not result in conviction or deferred |
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adjudication; and |
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(2) the release of the information, records, |
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documents, evidentiary materials, or tangible things would |
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interfere with the detection, investigation, or prosecution of |
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criminal acts. |
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(d) On motion of a party, the court may order discovery from |
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a nonparty law enforcement agency of information, records, |
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documents, evidentiary materials, and tangible things described by |
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Subsection (c) if the court determines, after in camera inspection, |
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that: |
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(1) the discovery sought is relevant; and |
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(2) there is a specific need for the discovery. |
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(e) This section does not apply to: |
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(1) a report of an accident under Chapter 550, |
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Transportation Code; and |
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(2) photographs, field measurements, scene drawings, |
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and accident reconstruction done in conjunction with the |
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investigation of the underlying accident. |
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SECTION 2. (a) This Act applies to an action: |
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(1) commenced on or after the effective date of this |
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Act; or |
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(2) pending on that effective date and in which the |
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trial, on any new trial or retrial following motion, appeal, or |
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otherwise, begins on or after that effective date. |
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(b) In an action commenced before the effective date of this |
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Act, a trial, new trial, or retrial that is in progress on the |
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effective date is governed by the law applicable to the trial, new |
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trial, or retrial immediately before the effective date, and that |
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law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2007. |
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* * * * * |