83R904 GCB-D
	By: Moody	H.B. No. 1426

	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 to read as follows:
	Art. 39.14.  DISCOVERY
	Sec. 1.  DISCLOSURE BY STATE.  (a)  Subject to the
	restrictions provided by Article 39.15, as soon as practicable
	after receiving a timely request from the defendant, the attorney
	representing the state shall disclose to the defendant's counsel
	and permit inspection, photocopying, and photographing of the
	following materials and information in the possession, custody, or
	control of the state or any of its agencies:
	(1)  any exculpatory or impeachment evidence material
	to the defendant's guilt or punishment;
	(2)  any written or recorded statements that are made
	by the defendant or by any witness the attorney representing the
	state intends to call at the trial and that are related to the case
	charged, including offense reports by law enforcement personnel and
	electronically recorded statements, if any;
	(3)  any written record containing the substance of any
	oral statement that is made by the defendant and that is related to
	the case charged, whether made before or after the defendant's
	arrest, in response to interrogation by any person whom the
	defendant believed to be a peace officer;
	(4)  the defendant's prior criminal record;
	(5)  any record of a criminal conviction admissible for
	impeachment under Rule 609, Texas Rules of Evidence, of a witness
	the attorney representing the state intends to call at the trial;
	(6)  any affidavit, warrant, or return pertaining to a
	search or seizure in connection with the case;
	(7)  any physical or documentary evidence that was
	obtained from or that belongs to the defendant or that the attorney
	representing the state intends to use at the trial and, on a showing
	of materiality by the defendant, the opportunity to test that
	evidence;
	(8)  the names and addresses of the witnesses called to
	present evidence under Rules 702, 703, and 705, Texas Rules of
	Evidence, and the names of all other witnesses the attorney
	representing the state intends to call at the trial;
	(9)  any report produced by or for an expert witness the
	attorney representing the state intends to call at the trial; and
	(10)  any plea agreement, grant of immunity, or other
	agreement for testimony issued by the attorney representing the
	state in connection with the case. [Upon motion of the defendant
	showing good cause therefor and upon notice to the other parties,
	except as provided by Article 39.15, the court in which an action is
	pending shall order the State before or during trial of a criminal
	action therein pending or on trial to produce and permit the
	inspection and copying or photographing by or on behalf of the
	defendant of any designated documents, papers, written statement of
	the defendant, (except written statements of witnesses and except
	the work product of counsel in the case and their investigators and
	their notes or report), books, accounts, letters, photographs,
	objects or tangible things not privileged, which constitute or
	contain evidence material to any matter involved in the action and
	which are in the possession, custody or control of the State or any
	of its agencies. The order shall specify the time, place and manner
	of making the inspection and taking the copies and photographs of
	any of the aforementioned documents or tangible evidence; provided,
	however, that the rights herein granted shall not extend to written
	communications between the State or any of its agents or
	representatives or employees. Nothing in this Act shall authorize
	the removal of such evidence from the possession of the State, and
	any inspection shall be in the presence of a representative of the
	State.]
	(b)  If the defendant gives notice of a defense under Section
	2(b), the attorney representing the state shall disclose to the
	defendant's counsel as soon as practicable the names of the
	witnesses of whom the state has knowledge and whom the state intends
	to use to rebut the defense or the testimony of any of the
	defendant's witnesses called to establish that defense [On motion
	of a party and on notice to the other parties, the court in which an
	action is pending may order one or more of the other parties to
	disclose to the party making the motion the name and address of each
	person the other party may use at trial to present evidence under
	Rules 702, 703, and 705, Texas Rules of Evidence.   The court shall
	specify in the order the time and manner in which the other party
	must make the disclosure to the moving party, but in specifying the
	time in which the other party shall make disclosure the court shall
	require the other party to make the disclosure not later than the
	20th day before the date the trial begins].
	(c)  This article does not authorize the removal of physical
	evidence from the possession of the state, and any inspection of
	physical evidence shall be conducted in the presence of a
	representative of the state.
	Sec. 2.  DISCLOSURE BY DEFENDANT.  (a)  As soon as
	practicable after receiving the initial disclosure under Section 1
	from the attorney representing the state, the defendant shall
	disclose to the attorney representing the state and permit
	inspection, photocopying, and photographing of the following
	materials and information:
	(1)  any written or recorded statement by a witness,
	other than the defendant, that is related to the offense charged, if
	the defendant intends to call the witness at the trial;
	(2)  any record of a criminal conviction admissible for
	impeachment under Rule 609, Texas Rules of Evidence, of a witness,
	other than the defendant, the defendant intends to call at the
	trial, if that information is known to the defendant;
	(3)  any physical or documentary evidence that the
	defendant intends to use at the trial and, on a showing of
	materiality by the attorney representing the state, the opportunity
	to test that evidence;
	(4)  the names and addresses of the witnesses called to
	present evidence under Rules 702, 703, and 705, Texas Rules of
	Evidence, and the names of all other witnesses, other than the
	defendant, the defendant intends to call at the trial; and
	(5)  any report produced by or for an expert witness the
	defendant intends to call at the trial.
	(b)  On a request by the state, a defendant planning to offer
	evidence of one or more defenses listed in Chapter 8 or 9, Penal
	Code, or evidence of an alibi defense, shall file a good faith
	notice of intent to raise the defense with the court and the
	attorney representing the state not later than the 30th day before
	the date the trial begins or as soon as practicable after the date
	the defendant receives a disclosure under Section 1 to which the
	defense is responsive, whichever is later.  If the defendant
	intends to raise an alibi defense, the notice must include the place
	at which the defendant claims to have been at the time of the
	alleged offense and the names of the witnesses the defendant
	intends to use to establish the alibi.  Any notice provided under
	this subsection is for purposes of discovery only and is not
	admissible at trial unless the court finds that the contents of the
	notice were not made in good faith.
	(c)  After the filing of the indictment or information, the
	court may require the defendant to submit nontestimonial evidence
	to the state.  This subsection does not limit any law enforcement
	agency or prosecutor's office from seeking or obtaining
	nontestimonial evidence to the extent permitted by law.
	Sec. 3.  EXCEPTIONS TO DISCLOSURE.  (a)  Neither the
	attorney representing the state nor the defendant is required to
	disclose materials or information that is:
	(1)  recorded proceedings of a grand jury, except as
	provided by Rule 615, Texas Rules of Evidence;
	(2)  a work product other than an offense report by law
	enforcement personnel, including a report, memorandum, or other
	internal document of the attorney representing the state, the
	attorney representing the defendant, or an investigator or other
	agent of the attorney representing the state or the attorney
	representing the defendant that is made in connection with the
	investigation, prosecution, or defense of the case; or
	(3)  privileged under a rule of evidence, an express
	statutory provision, the Texas Constitution, or the United States
	Constitution.
	(b)  This article does not authorize disclosure of the name,
	address, or telephone number of a victim in violation of Chapter 57.
	(c)  A victim impact statement is subject to disclosure
	before the testimony of the victim is taken only if the court
	determines that the statement contains exculpatory material.
	Sec. 4.  CONTINUING DUTY TO DISCLOSE.  If, before a trial
	begins, but subsequent to compliance with this article or a
	relevant court order, a party discovers additional material or
	information subject to disclosure, the party shall immediately
	notify the other party's counsel of the existence of the additional
	material or information.
	Sec. 5.  EXCISION.  (a)  Except as provided by Subsection
	(b), if a portion of material or information is subject to discovery
	under this article and a portion is not subject to discovery, only
	the portion that is subject to discovery must be disclosed.  The
	disclosing party shall inform the other party's counsel that the
	portion of material or information that is not subject to discovery
	has been excised and withheld.  On request, the court shall conduct
	a hearing to determine whether the reasons for excision are
	justifiable.  Material or information excised pursuant to judicial
	order shall be sealed and preserved in the records of the court and
	shall be made available to an appellate court in the event of an
	appeal.
	(b)  Excision of a witness statement produced in accordance
	with Rule 615, Texas Rules of Evidence, is governed by that rule.
	(c)  Notwithstanding any other provision of this article,
	the attorney representing the state, without a protective court
	order or a hearing before the court, may excise from an offense
	report or other report any information related to the victim of an
	offense that is listed under:
	(1)  Section 3g, Article 42.12; or
	(2)  Article 62.001(5).
	Sec. 6.  PROTECTIVE ORDERS.  On a showing of good cause, the
	court may at any time enter an appropriate protective order that a
	specified disclosure be denied, restricted, or deferred.  "Good
	cause," for purposes of this section, includes threats, harm,
	intimidation, or possible danger to the safety of a victim or
	witness, possible loss, destruction, or fabrication of evidence, or
	possible compromise of other investigations by law enforcement or a
	defense offered by a defendant.
	Sec. 7.  IN CAMERA PROCEEDINGS.  On request, the court may
	permit to be made in camera an excision hearing under Section 5(a),
	a showing of good cause for denial or regulation of a disclosure
	under Section 6, or any portion of a proceeding.  A verbatim record
	shall be made of a proceeding in camera.  If the court excises a
	portion of the material or information or enters an order granting
	relief following a showing of good cause, the entire record shall be
	sealed and preserved in the records of the court and shall be made
	available to an appellate court in the event of an appeal.
	Sec. 8.  CONFERENCE.  On request of the attorney
	representing the state or the defendant, the court shall hold a
	discovery hearing under Section 1(8), Article 28.01, not later than
	the 10th day before the date the trial begins, to:
	(1)  ensure that the parties are fully aware of their
	respective disclosure obligations under this article; and
	(2)  verify compliance by each party with this article.
	Sec. 9.  COMPLIANCE; SANCTIONS.  (a)  The disclosures
	required under this article may be performed in any manner that is
	mutually agreeable to the attorney representing the state and the
	attorney representing the defendant or that is ordered by the court
	in accordance with this article.  The order issued by the court may
	specify the time, place, and manner of making the required
	disclosures.
	(b)  On a showing that a party has not made a good faith
	effort to comply with this article or a relevant court order, the
	court may make any order the court finds necessary under the
	circumstances, including an order related to immediate disclosure,
	contempt proceedings, delay or prohibition of the use of a defense
	or the introduction of evidence, or continuance of the matter.  The
	court may also inform the jury of any failure or refusal to disclose
	or any untimely disclosure under this article.
	(c)  The court may prohibit the use of a defense or the
	introduction of evidence under Subsection (b) only if all other
	sanctions have been exhausted or the discovery violation amounts to
	wilful misconduct designed to obtain a tactical advantage that
	would minimize the effectiveness of cross-examination or the
	ability to adduce rebuttal evidence.  The court may not dismiss a
	charge under Subsection (b) unless authorized or required to do so
	by other law.
	(d)  The failure of the attorney representing the state or
	the defendant to comply with this article is not a ground for a
	court to set aside the conviction or sentence of the defendant,
	unless the court's action is authorized or required by other law.
	Sec. 10.  COSTS. (a) All reasonable and necessary costs
	related to a disclosure required under this article, including the
	photocopying of materials, shall be paid by the requesting party.
	(b)  The commissioners court of the county in which the
	indictment, information, or complaint is pending may not, as a
	result of any payment by the defendant of the costs required by this
	article, reduce the amount of money provided by the county to the
	office of the attorney representing the state.
	Sec. 11.  DISCLOSURE TO THIRD PARTIES.  Before the date on
	which the trial begins, the attorney representing the state, the
	attorney representing the defendant, or an investigator, expert, or
	other agent for the attorney representing the state or the attorney
	representing the defendant may not disclose, without obtaining
	approval of the trial court, information or witness statements
	received from the opposing party to any third party, other than to
	an investigator, expert, or other agent for the attorney
	representing the state or the attorney representing the defendant,
	as applicable.  Information or witness statements received under
	this article may not be made available to the public.
	Sec. 12.  PRO SE DEFENDANTS. This article, including the
	provisions regarding the nondisclosure of a witness statement or an
	offense report by law enforcement personnel, applies to a defendant
	who has elected to proceed pro se only to the extent approved by the
	court.
	Sec. 13.  CONFLICT OF LAW.  To the extent of any conflict,
	this article prevails over Chapter 552, Government Code.
	SECTION 2.  The change in law made by this Act applies to the
	prosecution of an offense committed on or after the effective date
	of this Act.  The prosecution of an offense committed before the
	effective date of this Act is covered by the law in effect when the
	offense was committed, and the former law is continued in effect for
	this purpose.  For purposes of this section, an offense is committed
	before the effective date of this Act if any element of the offense
	occurs before the effective date.
	SECTION 3.  This Act takes effect September 1, 2013.