Cook’s bill rewriting criminal discovery law

The text as introduced · 1,169 words

89R8576 JRR-F

By: Cook
H.B. No. 3330

A BILL TO BE ENTITLED

AN ACT

relating to discovery in a criminal case.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Article 39.14, Code of Criminal Procedure, is

amended by amending Subsections (a), (c), (d), (h-1), (i), and (n)

and adding Subsections (a-1), (a-2), (o), (p), and (q) to read as

follows:

(a) In this article, "the state" means:

(1) the attorney representing the state in the

criminal action; and

(2) any law enforcement agency that filed or

investigated any matter involved in the action.

(a-1) Subject to the restrictions provided by Chapter 58,

Family Code, Section 264.408, Family Code, and Articles [ Article ]

39.15 and 39.151 of this code, as soon as practicable after

receiving a timely and specific written request from the defendant ,

the attorney representing the state shall produce and permit the

inspection and the electronic duplication, copying, and

photographing, by or on behalf of the defendant, of any offense

reports, any designated documents, papers, written or recorded

statements of the defendant or a witness, including witness

statements of law enforcement officers but not including the work

product of counsel for the state in the case and their investigators

and their notes or report, or any designated books, accounts,

letters, photographs, or objects or other tangible things not

otherwise privileged that constitute or contain evidence relevant

to any fact of consequence in determining [ material to any matter

involved in ] the action and that are in the possession, custody, or

control of the state or any person under contract with the state for

purposes of the action . The attorney representing the state may

provide to the defendant electronic duplicates of any documents or

other information described by this article. The rights granted to

the defendant under this article do not extend to written

communications between the attorney representing the state and an

agent, representative, or employee of the state. This article does

not authorize the removal of the documents, items, or information

from the possession of the state, and any inspection shall be in the

presence of a representative of the state.

(a-2) On a motion by the attorney representing the state,

and after a hearing at which applicable counsel for the state and

the defendant are present, the court may limit a defendant's

request for discovery under this article if the court finds that:

(1) the request is unduly broad or burdensome or

implicates the security and privacy interests of any victim or

witness; and

(2) the document, item, or information was not shown

to be reasonably necessary to the defense.

(c) If only a portion of the applicable document, item, or

information is subject to discovery under this article, the

attorney representing the state is not required to produce or

permit the inspection of the remaining portion that is not subject

to discovery and may withhold or redact that portion. The attorney

representing the state shall inform the defendant that a portion of

the document, item, or information has been withheld or redacted.

On request of the defendant, the court shall conduct a hearing to

determine whether withholding or redaction is justified under this

article or other law.

(d) In the case of a pro se defendant, if the court orders

the attorney representing the state to produce and permit the

inspection of a document, item, or information under this

subsection, the attorney representing the state shall permit the

pro se defendant to inspect and review the document, item, or

information but is not required to allow electronic duplication as

described by Subsection (a-1) [ (a) ].

(h-1) In this subsection, "correctional facility" has the

meaning assigned by Section 1.07, Penal Code. Notwithstanding any

other provision of this article, if the attorney representing the

state intends to use at a defendant's trial testimony of a person to

whom the defendant made a statement against the defendant's

interest while the person was imprisoned or confined in the same

correctional facility as the defendant, the attorney representing

the state shall disclose to the defendant any information in the

possession, custody, or control of the state that is relevant to the

person's credibility, including:

(1) the person's complete criminal history, including

any charges that were dismissed or reduced as part of a plea

bargain;

(2) any grant, promise, or offer of immunity from

prosecution, reduction of sentence, or other leniency or special

treatment, given by the state in exchange for the person's

testimony; and

(3) information concerning other criminal cases in

which the person has testified, or offered to testify, against a

defendant with whom the person was imprisoned or confined,

including any grant, promise, or offer as described by Subdivision

(2) given by the state in exchange for the testimony.

(i) The attorney representing the state shall

electronically record or otherwise document any document, item, or

other information provided to the defendant under this article.

(n) This article does not prohibit the parties from agreeing

to discovery and documentation requirements equal to or greater

than those required under this article. Except as provided by

Subsection (b), a court may not order discovery and documentation

requirements greater than or require production earlier than

required under this article.

(o) A party may request a discovery conference to be held

not later than the 20th day before the date that jury selection in

the trial is scheduled to begin to resolve any issue with respect to

discovery, disclosure, or notice. If at any time a party becomes

aware that the party has not received required or requested

discovery, disclosure, or notice, and fails to promptly request

resolution of the issue, the court shall consider that failure in

determining an appropriate remedy, if any.

(p) Subject to Subsection (q), if the court finds that a

party has failed to comply with Subsection (a-1), (b), or (h), the

court:

(1) may order and compel the noncomplying party to

provide the required discovery or disclosure; and

(2) may grant a continuance, issue a protective order,

or provide another proportionate remedy that the court determines

is necessary under the circumstances.

(q) A court acting under Subsection (p) may suppress the

introduction of otherwise admissible evidence that was not

disclosed in compliance with Subsection (a-1) or (b) or testimony

affected by the nondisclosure only if the court finds that:

(1) the noncomplying party knowingly withheld the

required discovery or disclosure; or

(2) the violation caused actual prejudice to a party

and other remedial alternatives have been exhausted or would not

suffice to cure the prejudice.

SECTION 2. The changes in law made by this Act apply only to

a criminal proceeding that commences on or after the effective date

of this Act. A criminal proceeding that commences before the

effective date of this Act is governed by the law in effect on the

date the proceeding commenced, and the former law is continued in

effect for that purpose.

SECTION 3. This Act takes effect September 1, 2025.