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A BILL TO BE ENTITLED
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AN ACT
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relating to certain duties of law enforcement agencies concerning |
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certain information subject to disclosure to a defendant. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. This Act may be cited as the Richard Miles Act. |
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SECTION 2. Chapter 2, Code of Criminal Procedure, is |
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amended by adding Article 2.1397 to read as follows: |
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Art. 2.1397. DUTIES OF LAW ENFORCEMENT AGENCY FILING CASE. |
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(a) In this article: |
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(1) "Attorney representing the state" means an |
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attorney authorized by law to represent the state in a criminal |
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case, including a district attorney, criminal district attorney, |
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county attorney with criminal jurisdiction, or city or municipal |
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attorney. |
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(2) "Law enforcement agency" means an agency of the |
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state or an agency of a political subdivision of the state |
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authorized by law to employ peace officers. |
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(b) A law enforcement agency filing a case with the attorney |
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representing the state shall include with the case file: |
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(1) all documents, items, and information in the |
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possession of the agency that are required to be disclosed to the |
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defendant in the case under Article 39.14; and |
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(2) a written statement by a peace officer employed by |
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the agency acknowledging that the documents, items, and information |
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filed with the case under Subdivision (1) constitute all of the |
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documents, items, and information in the possession of the agency |
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that are required to be disclosed to the defendant in the case under |
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Article 39.14. |
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(c) If at any time after the case is filed with the attorney |
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representing the state the law enforcement agency discovers or |
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acquires any additional document, item, or information required to |
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be disclosed to the defendant under Article 39.14, a peace officer |
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employed by the agency shall promptly transmit the document, item, |
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or information to the attorney representing the state. |
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(d) A law enforcement agency shall promptly disclose to each |
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attorney representing the state with whom the agency files cases |
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the identity of each peace officer or other employee of the agency |
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for whom a finding of misconduct has been sustained if that finding |
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would be required to be disclosed to a defendant under Article |
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39.14. |
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SECTION 3. This Act takes effect September 1, 2021. |