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A BILL TO BE ENTITLED
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AN ACT
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relating to allowing defendants access to certain evidence of the |
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state in criminal cases. |
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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) and |
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(a-2) to read as follows: |
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(a) Subject to the restrictions provided by Article 39.15, |
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as soon as practicable after receiving a timely request from the |
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defendant before or during trial, the attorney representing the |
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state shall disclose to the defendant's counsel and permit |
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inspection, photocopying, scanning, and photographing [Upon motion
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of the defendant showing good cause therefor and upon notice to the
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other parties, except as provided by Article 39.15, the court in
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which an action is pending shall order the State before or during
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trial of a criminal action therein pending or on trial to produce
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and permit the inspection and copying or photographing by or on
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behalf of the defendant] of any requested [designated] documents, |
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papers, written statement of the defendant, (except written |
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statements of witnesses and except the work product of counsel in |
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the case and their investigators and their notes or report), books, |
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accounts, letters, photographs, objects or tangible things not |
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privileged, which constitute or contain evidence material to any |
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matter involved in the action and which are in the possession, |
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custody or control of the state [State] or any of its agencies. The |
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disclosures required under this article may be performed in any |
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manner that is mutually agreeable to the attorney representing the |
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state and the attorney representing the defendant [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 [State] or any of its agents or representatives or |
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employees. Nothing in this Act shall authorize the removal of such |
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evidence from the possession of the state [State], and any |
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inspection shall be in the presence of the attorney representing |
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the state [a representative of the State]. |
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(a-1) On a showing of good cause, the court may at any time |
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enter an appropriate protective order that a specified disclosure |
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be denied, restricted, or deferred. |
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(a-2) On a showing that the attorney representing the state |
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has not made a good faith effort to comply with this article, the |
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court may make any order the court finds necessary under the |
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circumstances, including an order related to immediate disclosure, |
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contempt proceedings, delay or prohibition of the introduction of |
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evidence, or continuance of the matter. The court may also inform |
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the jury of any failure or refusal to disclose or any untimely |
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disclosure under this article. |
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SECTION 2. The change in law made by this Act applies to the |
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prosecution of an offense committed on or after the effective date |
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of this Act. The prosecution of an offense committed before the |
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effective date of this Act is covered by the law in effect when the |
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offense was committed, and the former law is continued in effect for |
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this purpose. For purposes of this section, an offense is committed |
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before the effective date of this Act if any element of the offense |
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occurs before the effective date. |
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SECTION 3. This Act takes effect September 1, 2013. |