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