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AN ACT
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relating to the effect under the public information law of the |
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disclosure of certain information by a prosecutor to defense |
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counsel. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 38, Code of Criminal Procedure, is |
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amended by adding Article 38.02 to read as follows: |
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Art. 38.02. EFFECT UNDER PUBLIC INFORMATION LAW OF RELEASE |
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OF CERTAIN INFORMATION. A release of information by an attorney |
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representing the state to defense counsel for a purpose relating to |
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the pending or reasonably anticipated prosecution of a criminal |
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case is not considered a voluntary release of information to the |
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public for purposes of Section 552.007, Government Code, and does |
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not waive the right to assert in the future that the information is |
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excepted from required disclosure under Chapter 552, Government |
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Code. |
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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, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1360 was passed by the House on May 1, |
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2009, by the following vote: Yeas 139, Nays 0, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1360 was passed by the Senate on May |
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27, 2009, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |