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A BILL TO BE ENTITLED
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AN ACT
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relating to discovery in a criminal case and the consequences of a |
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failure to disclose certain discoverable evidence in a timely |
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manner. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 39.14, Code of Criminal Procedure, is |
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amended by amending Subsection (a) and adding Subsections (a-1), |
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(c), (d), and (e) 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], except as provided by Article 39.15, the |
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court in which the [an] action is pending shall order the State |
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[before or during trial of a criminal action therein pending or on
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trial] to produce and permit defense counsel to inspect [the
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inspection] and, on the condition that defense counsel is |
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prohibited from further reproduction by or dissemination to a |
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person other than an agent of the attorney, to copy [copying] or |
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photograph [photographing by or on behalf of the defendant of] any |
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designated documents, papers, reports by law enforcement |
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personnel, written or electronically recorded statements of |
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witnesses, written or electronically recorded statements |
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[statement] of the defendant, ([except written statements of
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witnesses and] except the work product of counsel in the case and |
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their investigators and their notes or report), books, accounts, |
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letters, photographs, objects or tangible things not privileged, |
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which constitute or contain evidence material to any matter |
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involved in the action and which are in the possession, custody or |
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control of the State or any of its agencies. The order shall |
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specify the time, place and manner of making the inspection and |
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taking the copies and photographs of any of the aforementioned |
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documents or tangible evidence; provided, however, that the rights |
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herein granted shall not extend to written communications between |
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the State or any of its agents or representatives or employees |
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except to the extent that all or part of the communications are |
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subject to disclosure under Rule 705, Texas Rules of Evidence. |
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Nothing in this Act shall authorize the removal of [such] evidence |
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described by this subsection from the possession of the State, and |
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defense counsel shall make any inspection [shall be] in the |
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presence of a representative of the State. |
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(a-1) Release of information held by a prosecuting attorney |
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to defense counsel in pending or reasonably anticipated litigation |
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is not a voluntary disclosure under Section 552.007, Government |
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Code, and does not bar the State from asserting exceptions to |
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required disclosure with respect to information released. |
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(c) The State shall supplement or amend, as necessary and |
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within a reasonable period, discovery ordered under this article. |
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If after the 10th day before trial begins, or during trial, the |
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State discloses evidence in violation of the reasonable period for |
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discovery required by this subsection and if the evidence is |
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materially favorable to the defendant, the manner in which defense |
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counsel uses that evidence at trial may not be considered against |
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the defendant in any subsequent review of the case. |
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(d) The prosecuting attorney may redact or otherwise edit |
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law enforcement reports or witness statements for good cause. If |
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defense counsel intentionally violates a court order relating to |
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discovery of a law enforcement report or witness statement, the |
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prosecuting attorney may restrict further discovery as necessary |
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under the circumstances. If as described by this subsection the |
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prosecuting attorney asserts good cause or alleges an intentional |
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violation of a court order relating to discovery of a law |
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enforcement report or witness statement, the court, on the defense |
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counsel's motion, shall hold a hearing to determine whether good |
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cause or the alleged violation exists. If the court is unable to |
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find good cause or an intentional violation of the court order, the |
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court shall order the prosecuting attorney to grant defense counsel |
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access to the redacted, edited, or restricted material or access to |
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further discovery to the extent otherwise permitted by this |
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article. This subsection does not prohibit the discovery of |
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evidence materially favorable to the defendant. |
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(e) A district or county attorney may enter into a written |
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agreement with a local criminal defense bar association regarding |
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the implementation of the discovery procedures described by this |
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article. |
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SECTION 2. The changes in law made by Article 39.14, Code of |
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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, 2011. |