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H.B. No. 969
AN ACT
relating to court orders for discovery in a criminal case and to
certain time limits on and the consequences of a delay in the
prosecution of a criminal case.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 39.14(a), Code of Criminal Procedure, is
amended to read as follows:
(a) Upon motion of the defendant showing good cause therefor
and upon notice to the other parties, the court in which an action
is pending shall [may] 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.
SECTION 2. Article 32A.02, Code of Criminal Procedure, is
repealed.
SECTION 3. The change in law made by Article 39.14(a), Code
of Criminal Procedure, as amended by this Act, applies to a motion
for discovery filed on or after the effective date of this Act. A
motion for discovery filed before the effective date of this Act is
covered by the law in effect on the date the motion is filed, and the
former law is continued in effect for that purpose.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 969 was passed by the House on March
17, 2005, by a non-record vote; that the House refused to concur in
Senate amendments to H.B. No. 969 on May 23, 2005, and requested the
appointment of a conference committee to consider the differences
between the two houses; and that the House adopted the conference
committee report on H.B. No. 969 on May 29, 2005, by the following
vote: Yeas 144, Nays 0, 1 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 969 was passed by the Senate, with
amendments, on May 19, 2005, by the following vote: Yeas 27, Nays
2; at the request of the House, the Senate appointed a conference
committee to consider the differences between the two houses; and
that the Senate adopted the conference committee report on H.B. No.
969 on May 29, 2005, by the following vote: Yeas 30, Nays 1.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor