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A BILL TO BE ENTITLED
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AN ACT
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relating to the confidentiality of and discovery procedures |
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relating to certain material regarding the protection or security |
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of a witness; creating a criminal offense. |
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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 Tyrek Jenkins Act. |
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SECTION 2. Article 39.14(a), Code of Criminal Procedure, is |
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amended to read as follows: |
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(a) Subject to the restrictions provided by Section |
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264.408, Family Code, and Articles [Article] 39.15 and 39.16 of |
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this code, as soon as practicable after receiving a timely request |
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from the defendant the state shall produce and permit the |
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inspection and the electronic duplication, copying, and |
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photographing, by or on behalf of the defendant, of any offense |
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reports, any designated documents, papers, written or recorded |
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statements of the defendant or a witness, including witness |
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statements of law enforcement officers but not including the work |
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product of counsel for the state in the case and their investigators |
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and their notes or report, or any designated books, accounts, |
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letters, photographs, or objects or other tangible things not |
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otherwise privileged that constitute or contain evidence material |
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to any matter involved in the action and that are in the possession, |
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custody, or control of the state or any person under contract with |
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the state. The state may provide to the defendant electronic |
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duplicates of any documents or other information described by this |
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article. The rights granted to the defendant under this article do |
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not extend to written communications between the state and an |
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agent, representative, or employee of the state. This article does |
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not authorize the removal of the documents, items, or information |
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from the possession of the state, and any inspection shall be in the |
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presence of a representative of the state. |
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SECTION 3. Chapter 39, Code of Criminal Procedure, is |
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amended by adding Article 39.16 to read as follows: |
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Art. 39.16. MATERIAL RELATED TO WITNESS PROTECTION OR |
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SECURITY. (a) This article applies to any record, claim, writing, |
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document, information, or other material other than the statement |
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of a witness: |
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(1) received, made, or kept by a specialized program |
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or division within a district attorney's or criminal district |
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attorney's office that: |
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(A) consists of at least one program coordinator, |
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investigator, and financial administrator; and |
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(B) has the primary purpose of assessing threats |
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against, protecting, securing, or relocating witnesses; or |
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(2) in the possession of the state and directly |
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relating to assessing threats against, protecting, securing, or |
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relocating a witness by a program or division described by |
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Subdivision (1). |
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(b) Notwithstanding Article 39.14, the state may not |
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produce for the defendant or permit the inspection by the defendant |
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of material described by Subsection (a) before the material has |
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been submitted to the court for an in camera review and the court |
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has determined that the production or inspection of the material |
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is: |
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(1) required under the United States Constitution; or |
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(2) otherwise necessary for a matter before the court. |
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(c) If the court determines that the disclosure of material |
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reviewed in camera under this article is not required or necessary, |
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the court shall: |
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(1) place the material under seal of the court; and |
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(2) enter a finding that the material was withheld for |
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purposes of witness protection and security under this article. |
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(d) The requirements of Article 39.14, including Subsection |
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(f) of that article, apply to material disclosed in accordance with |
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Subsection (b). |
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(e) A district attorney, criminal district attorney, or |
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assistant district attorney representing a specialized program or |
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division described by Subsection (a)(1) has standing in any |
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criminal action to oppose the disclosure of material under this |
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article. |
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(f) Regardless of whether material relating to a witness is |
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disclosed or withheld under this article, the court may provide for |
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the interview of a witness who consents to be interviewed. |
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SECTION 4. Chapter 30, Civil Practice and Remedies Code, is |
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amended by adding Section 30.0065 to read as follows: |
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Sec. 30.0065. MATERIAL RELATED TO WITNESS PROTECTION OR |
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SECURITY. (a) This section applies to any record, claim, writing, |
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document, information, or other material other than a witness |
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statement: |
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(1) received, made, or kept by a specialized program |
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or division within a district attorney's or criminal district |
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attorney's office that: |
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(A) consists of at least one program coordinator, |
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investigator, and financial administrator; and |
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(B) has the primary purpose of assessing threats |
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against, protecting, securing, or relocating witnesses; or |
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(2) in the possession of the state and directly |
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relating to assessing threats against, protecting, securing, or |
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relocating a witness by a program or division described by |
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Subdivision (1). |
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(b) A party in a civil case may not produce or release |
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material described by Subsection (a) before the material has been |
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submitted to the court for an in camera review and the court has |
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determined that the production or release of the material is |
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necessary for a matter before the court. |
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(c) If the court determines that the disclosure of material |
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reviewed in camera under this section is not necessary, the court |
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shall: |
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(1) place the material under seal of the court; and |
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(2) enter a finding that the material was withheld for |
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purposes of witness protection and security under this section. |
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(d) A district attorney, criminal district attorney, or |
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assistant district attorney representing a specialized program or |
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division described by Subsection (a)(1) has standing in any civil |
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action to oppose the disclosure of material under this section. |
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SECTION 5. Subchapter C, Chapter 552, Government Code, is |
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amended by adding Section 552.1082 to read as follows: |
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Sec. 552.1082. EXCEPTION: CONFIDENTIALITY OF CERTAIN |
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INFORMATION REGARDING WITNESS PROTECTION OR SECURITY. Information |
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is confidential and excepted from the requirements of Section |
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552.021 if the information is: |
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(1) received, made, or kept by a specialized program |
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or division within a district attorney's or criminal district |
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attorney's office that: |
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(A) consists of at least one program coordinator, |
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investigator, and financial administrator; and |
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(B) has the primary purpose of assessing threats |
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against, protecting, securing, or relocating witnesses; or |
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(2) in the possession of the state and directly |
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relating to assessing threats against, protecting, securing, or |
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relocating a witness by a program or division described by |
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Subdivision (1). |
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SECTION 6. Chapter 38, Penal Code, is amended by adding |
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Section 38.20 to read as follows: |
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Sec. 38.20. UNLAWFUL DISCLOSURE OF MATERIAL RELATED TO |
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WITNESS PROTECTION OR SECURITY. (a) A person commits an offense if |
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the person knowingly discloses any record, claim, writing, |
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document, information, or other material: |
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(1) in violation of Article 39.16, Code of Criminal |
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Procedure, or Section 30.0065, Civil Practice and Remedies Code; or |
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(2) in response to a request under Chapter 552, |
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Government Code, when the record, claim, writing, document, |
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information, or other material is confidential and excepted from |
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disclosure under Section 552.1082, Government Code. |
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(b) An offense under this section is a Class A misdemeanor. |
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SECTION 7. (a) Article 39.14, Code of Criminal Procedure, |
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as amended by this Act, and Article 39.16, Code of Criminal |
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Procedure, as added by this Act, apply only to the prosecution of an |
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offense committed on or after the effective date of this Act. The |
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prosecution of an offense committed before the effective date of |
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this Act is governed by the law in effect on the date the offense was |
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committed, and the former law is continued in effect for that |
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purpose. For purposes of this subsection, an offense was committed |
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before the effective date of this Act if any element of the offense |
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occurred before that date. |
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(b) Section 30.0065, Civil Practice and Remedies Code, as |
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added by this Act, applies only to an action commenced on or after |
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the effective date of this Act. |
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(c) Section 552.1082, Government Code, as added by this Act, |
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applies only to a request for public information received on or |
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after the effective date of this Act. A request for public |
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information received before the effective date of this Act is |
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governed by the law in effect on the date the request was received, |
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and the former law is continued in effect for that purpose. |
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SECTION 8. This Act takes effect September 1, 2023. |