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A BILL TO BE ENTITLED
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AN ACT
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relating to the disclosure in a criminal case of certain criminal |
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history record information. |
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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 38.51 to read as follows: |
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Art. 38.51. TIMELY DISCLOSURE OF CRIMINAL HISTORY RECORD |
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INFORMATION SUFFICIENT FOR PURPOSES OF CERTAIN NOTICE |
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REQUIREMENTS. (a) In this article, "criminal history record |
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information" has the meaning assigned by Section 411.082, |
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Government Code. |
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(b) This article applies to the notice requirements |
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relating to the state's intention to introduce evidence of other |
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crimes, wrongs, or acts committed by the defendant or evidence of |
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the prior criminal record of a potential witness in the case as |
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permitted by: |
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(1) Section 3, Article 37.07, or Article 38.37; |
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(2) Rule 404 or 609, Texas Rules of Evidence; or |
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(3) another law authorizing the introduction of that |
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evidence following notice by the state. |
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(c) Notwithstanding any other law, if the attorney |
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representing the state timely discloses to the defendant or the |
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attorney representing the defendant criminal history record |
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information in the original format in which the information was |
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retrieved from a database maintained by the Department of Public |
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Safety or the Federal Bureau of Investigation, including the Texas |
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Crime Information Center and National Crime Information Center, and |
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if that disclosure is made in accordance with Article 39.14, the |
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notice requirements described by Subsection (b) are satisfied with |
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respect to the criminal history record information contained in the |
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disclosure. |
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(d) Subsection (c) does not apply to criminal history record |
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information that the state intends to introduce for the purpose of |
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enhancing the punishment for an offense. |
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SECTION 2. Subchapter F, Chapter 411, Government Code, is |
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amended by adding Section 411.0844 to read as follows: |
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Sec. 411.0844. DISCLOSURE OF CRIMINAL HISTORY RECORD |
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INFORMATION IN CRIMINAL CASE. (a) An attorney representing the |
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state in a criminal case may disclose to the defendant or the |
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attorney representing the defendant criminal history record |
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information that relates to the defendant or a potential witness in |
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the case and that is obtained from the department or the Federal |
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Bureau of Investigation. |
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(b) The attorney representing the state shall provide with |
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the disclosure a copy of Section 411.085 providing criminal |
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penalties for the unauthorized obtaining, use, or disclosure of |
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criminal history record information. |
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SECTION 3. Article 38.51, Code of Criminal Procedure, as |
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added by this Act, applies only to a trial that begins on or after |
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the effective date of this Act, regardless of whether the alleged |
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offense was committed before, on, or after that date. |
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SECTION 4. This Act takes effect September 1, 2021. |