HB3330 - Relating to discovery in a criminal case.

  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.