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A BILL TO BE ENTITLED
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AN ACT
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relating to court orders for discovery in a criminal case. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 39.14(a), Code of Criminal Procedure, is |
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amended to read as follows: |
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(a) Not later than the 30th day after the date an |
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information or indictment is filed in a criminal action [Upon
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motion of the defendant showing good cause therefor and upon notice
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to the other parties], the court in which the [an] action is pending |
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shall order the State, subject to reasonable terms and conditions |
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as determined by the court, [before or during trial of a criminal
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action therein pending or on trial] to produce and permit the |
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inspection and copying or photographing by or on behalf of the |
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defendant of any designated documents, papers, written statement of |
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the defendant, ([except written statements of witnesses and] except |
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the work product of counsel in the case and their investigators and |
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their notes or report), books, accounts, letters, photographs, |
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objects or tangible things not privileged, which constitute or |
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contain evidence material to any matter involved in the action and |
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which are in the possession, custody or control of the State or any |
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of its agencies. The State shall supplement or amend as necessary |
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and within a reasonable period discovery ordered under this |
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subsection. The order shall specify the time, place and manner of |
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making the inspection and taking the copies and photographs of any |
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of the aforementioned documents or tangible evidence; provided, |
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however, that the rights herein granted shall not extend to written |
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communications between the State or any of its agents or |
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representatives or employees. Nothing in this Act shall authorize |
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the removal of such evidence from the possession of the State, and |
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any inspection shall be in the presence of a representative of the |
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State. |
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SECTION 2. The changes in law made by Article 39.14(a), Code |
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of Criminal Procedure, as amended by this Act, apply to a criminal |
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action for which the information or indictment was filed on or after |
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the effective date of this Act. A criminal action for which the |
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information or indictment was filed before the effective date of |
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this Act is covered by the law in effect on the date the information |
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or indictment was filed, and the former law is continued in effect |
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for that purpose. |
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SECTION 3. This Act takes effect September 1, 2007. |