By: Carona  S.B. No. 643
         (In the Senate - Filed February 14, 2007; February 28, 2007,
  read first time and referred to Committee on Criminal Justice;
  April 2, 2007, reported favorably by the following vote:  Yeas 5,
  Nays 0; April 2, 2007, sent to printer.)
 
 
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.  Subsection (a), Article 39.14, Code of Criminal
  Procedure, is amended to read as follows:
         (a)  Not later than the 30th day after the date an
  information or indictment is filed in a criminal action [Upon
  motion of the defendant showing good cause therefor and upon notice
  to the other parties], the court in which the [an] action is pending
  shall order the State, subject to reasonable terms and conditions
  as determined by the court, [before or during trial of a criminal
  action therein pending or on trial] to produce and permit the
  inspection and copying or photographing by or on behalf of the
  defendant of any designated documents, papers, written statement of
  the defendant, ([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 State shall supplement or amend as necessary
  and within a reasonable period discovery ordered under this
  subsection. The order shall specify the time, place and manner of
  making the inspection and 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.
         SECTION 2.  The changes in law made by Subsection (a),
  Article 39.14, Code of Criminal Procedure, as amended by this Act,
  apply to a criminal action for which the information or indictment
  was filed on or after the effective date of this Act. A criminal
  action for which the information or indictment was filed before the
  effective date of this Act is covered by the law in effect on the
  date the information or indictment was filed, and the former law is
  continued in effect for that purpose.
         SECTION 3.  This Act takes effect September 1, 2007.
 
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