|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the effect under the public information law of the |
|
disclosure of certain information by a prosecutor to defense |
|
counsel. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Chapter 38, Code of Criminal Procedure, is |
|
amended by adding Article 38.02 to read as follows: |
|
Art. 38.02. EFFECT UNDER PUBLIC INFORMATION LAW OF RELEASE |
|
OF CERTAIN INFORMATION. A release of information by an attorney |
|
representing the state to defense counsel for a purpose relating to |
|
the pending or reasonably anticipated prosecution of a criminal |
|
case is not considered a voluntary release of information to the |
|
public for purposes of Section 552.007, Government Code, and does |
|
not waive the right to assert in the future that the information is |
|
excepted from required disclosure under Chapter 552, Government |
|
Code. |
|
SECTION 2. This Act takes effect immediately if it receives |
|
a vote of two-thirds of all the members elected to each house, as |
|
provided by Section 39, Article III, Texas Constitution. If this |
|
Act does not receive the vote necessary for immediate effect, this |
|
Act takes effect September 1, 2009. |