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By: West |
S.B. No. 111 |
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(In the Senate - Filed November 9, 2020; March 3, 2021, read |
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first time and referred to Committee on Criminal Justice; |
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April 1, 2021, reported adversely, with favorable Committee |
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Substitute by the following vote: Yeas 6, Nays 0; April 1, 2021, |
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sent to printer.) |
| Click here to see the committee vote |
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COMMITTEE SUBSTITUTE FOR S.B. No. 111 |
By: Whitmire |
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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. 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, or |
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county attorney with criminal jurisdiction. The term does not |
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include an attorney representing the state in a justice or |
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municipal court under Chapter 45. |
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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 submit to the attorney representing |
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the state a written statement by an agency employee with knowledge |
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of the case acknowledging that all documents, items, and |
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information in the possession of the agency that are required to be |
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disclosed to the defendant in the case under Article 39.14 have been |
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transmitted to the attorney representing the state. |
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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, an agency |
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employee shall promptly transmit the document, item, or information |
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to the attorney representing the state. |
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SECTION 2. This Act takes effect September 1, 2021. |
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* * * * * |