Bill Text: TX HB1230 | 2023-2024 | 88th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the creation of a witness protection unit within the Department of Public Safety.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-05-09 - Committee report sent to Calendars [HB1230 Detail]
Download: Texas-2023-HB1230-Introduced.html
Bill Title: Relating to the creation of a witness protection unit within the Department of Public Safety.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-05-09 - Committee report sent to Calendars [HB1230 Detail]
Download: Texas-2023-HB1230-Introduced.html
88R1278 TSS-D | ||
By: González of Dallas | H.B. No. 1230 |
|
||
|
||
relating to the confidentiality of and discovery procedures | ||
relating to certain material regarding the protection or security | ||
of a witness; creating a criminal offense. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. This Act may be cited as the Tyrek Jenkins Act. | ||
SECTION 2. Article 39.14(a), Code of Criminal Procedure, is | ||
amended to read as follows: | ||
(a) Subject to the restrictions provided by Section | ||
264.408, Family Code, and Articles [ |
||
this code, as soon as practicable after receiving a timely request | ||
from the defendant 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 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. 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 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. | ||
SECTION 3. Chapter 39, Code of Criminal Procedure, is | ||
amended by adding Article 39.16 to read as follows: | ||
Art. 39.16. MATERIAL RELATED TO WITNESS PROTECTION OR | ||
SECURITY. (a) This article applies to any record, claim, writing, | ||
document, information, or other material other than the statement | ||
of a witness: | ||
(1) received, made, or kept by a specialized program | ||
or division within a district attorney's or criminal district | ||
attorney's office that: | ||
(A) consists of at least one program coordinator, | ||
investigator, and financial administrator; and | ||
(B) has the primary purpose of assessing threats | ||
against, protecting, securing, or relocating witnesses; or | ||
(2) in the possession of the state and directly | ||
relating to assessing threats against, protecting, securing, or | ||
relocating a witness by a program or division described by | ||
Subdivision (1). | ||
(b) Notwithstanding Article 39.14, the state may not | ||
produce for the defendant or permit the inspection by the defendant | ||
of material described by Subsection (a) before the material has | ||
been submitted to the court for an in camera review and the court | ||
has determined that the production or inspection of the material | ||
is: | ||
(1) required under the United States Constitution; or | ||
(2) otherwise necessary for a matter before the court. | ||
(c) If the court determines that the disclosure of material | ||
reviewed in camera under this article is not required or necessary, | ||
the court shall: | ||
(1) place the material under seal of the court; and | ||
(2) enter a finding that the material was withheld for | ||
purposes of witness protection and security under this article. | ||
(d) The requirements of Article 39.14, including Subsection | ||
(f) of that article, apply to material disclosed in accordance with | ||
Subsection (b). | ||
(e) A district attorney, criminal district attorney, or | ||
assistant district attorney representing a specialized program or | ||
division described by Subsection (a)(1) has standing in any | ||
criminal action to oppose the disclosure of material under this | ||
article. | ||
(f) Regardless of whether material relating to a witness is | ||
disclosed or withheld under this article, the court may provide for | ||
the interview of a witness who consents to be interviewed. | ||
SECTION 4. Chapter 30, Civil Practice and Remedies Code, is | ||
amended by adding Section 30.0065 to read as follows: | ||
Sec. 30.0065. MATERIAL RELATED TO WITNESS PROTECTION OR | ||
SECURITY. (a) This section applies to any record, claim, writing, | ||
document, information, or other material other than a witness | ||
statement: | ||
(1) received, made, or kept by a specialized program | ||
or division within a district attorney's or criminal district | ||
attorney's office that: | ||
(A) consists of at least one program coordinator, | ||
investigator, and financial administrator; and | ||
(B) has the primary purpose of assessing threats | ||
against, protecting, securing, or relocating witnesses; or | ||
(2) in the possession of the state and directly | ||
relating to assessing threats against, protecting, securing, or | ||
relocating a witness by a program or division described by | ||
Subdivision (1). | ||
(b) A party in a civil case may not produce or release | ||
material described by Subsection (a) before the material has been | ||
submitted to the court for an in camera review and the court has | ||
determined that the production or release of the material is | ||
necessary for a matter before the court. | ||
(c) If the court determines that the disclosure of material | ||
reviewed in camera under this section is not necessary, the court | ||
shall: | ||
(1) place the material under seal of the court; and | ||
(2) enter a finding that the material was withheld for | ||
purposes of witness protection and security under this section. | ||
(d) A district attorney, criminal district attorney, or | ||
assistant district attorney representing a specialized program or | ||
division described by Subsection (a)(1) has standing in any civil | ||
action to oppose the disclosure of material under this section. | ||
SECTION 5. Subchapter C, Chapter 552, Government Code, is | ||
amended by adding Section 552.1082 to read as follows: | ||
Sec. 552.1082. EXCEPTION: CONFIDENTIALITY OF CERTAIN | ||
INFORMATION REGARDING WITNESS PROTECTION OR SECURITY. Information | ||
is confidential and excepted from the requirements of Section | ||
552.021 if the information is: | ||
(1) received, made, or kept by a specialized program | ||
or division within a district attorney's or criminal district | ||
attorney's office that: | ||
(A) consists of at least one program coordinator, | ||
investigator, and financial administrator; and | ||
(B) has the primary purpose of assessing threats | ||
against, protecting, securing, or relocating witnesses; or | ||
(2) in the possession of the state and directly | ||
relating to assessing threats against, protecting, securing, or | ||
relocating a witness by a program or division described by | ||
Subdivision (1). | ||
SECTION 6. Chapter 38, Penal Code, is amended by adding | ||
Section 38.20 to read as follows: | ||
Sec. 38.20. UNLAWFUL DISCLOSURE OF MATERIAL RELATED TO | ||
WITNESS PROTECTION OR SECURITY. (a) A person commits an offense if | ||
the person knowingly discloses any record, claim, writing, | ||
document, information, or other material: | ||
(1) in violation of Article 39.16, Code of Criminal | ||
Procedure, or Section 30.0065, Civil Practice and Remedies Code; or | ||
(2) in response to a request under Chapter 552, | ||
Government Code, when the record, claim, writing, document, | ||
information, or other material is confidential and excepted from | ||
disclosure under Section 552.1082, Government Code. | ||
(b) An offense under this section is a Class A misdemeanor. | ||
SECTION 7. (a) Article 39.14, Code of Criminal Procedure, | ||
as amended by this Act, and Article 39.16, Code of Criminal | ||
Procedure, as added by this Act, apply only 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 governed by the law in effect on the date the offense was | ||
committed, and the former law is continued in effect for that | ||
purpose. For purposes of this subsection, an offense was committed | ||
before the effective date of this Act if any element of the offense | ||
occurred before that date. | ||
(b) Section 30.0065, Civil Practice and Remedies Code, as | ||
added by this Act, applies only to an action commenced on or after | ||
the effective date of this Act. | ||
(c) Section 552.1082, Government Code, as added by this Act, | ||
applies only to a request for public information received on or | ||
after the effective date of this Act. A request for public | ||
information received before the effective date of this Act is | ||
governed by the law in effect on the date the request was received, | ||
and the former law is continued in effect for that purpose. | ||
SECTION 8. This Act takes effect September 1, 2023. |