Bill Text: TX HB908 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the sealing of and discovery procedures relating to certain recordings of children constituting evidence in a criminal case in a criminal hearing or proceeding; creating a criminal offense.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-03-21 - Left pending in subcommittee [HB908 Detail]
Download: Texas-2023-HB908-Introduced.html
88R3650 JRR-D | ||
By: Moody | H.B. No. 908 |
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relating to the sealing of and discovery procedures relating to | ||
certain recordings of children constituting evidence in a criminal | ||
case in a criminal hearing or proceeding; creating a criminal | ||
offense. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. The heading to Article 38.45, Code of Criminal | ||
Procedure, is amended to read as follows: | ||
Art. 38.45. EVIDENCE DEPICTING [ |
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SEXUAL CONDUCT BY CHILD OR MINOR. | ||
SECTION 2. Article 38.45(a), Code of Criminal Procedure, is | ||
amended to read as follows: | ||
(a) During the course of a criminal hearing or proceeding, | ||
the court may not make available or allow to be made available for | ||
copying or dissemination to the public property or material: | ||
(1) that constitutes child pornography, as described | ||
by Section 43.26(a)(1), Penal Code; or | ||
(2) the promotion or possession of which is prohibited | ||
under Section 43.261, Penal Code[ |
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SECTION 3. The heading to Article 39.14, Code of Criminal | ||
Procedure, is amended to read as follows: | ||
Art. 39.14. DISCOVERY; OFFENSE. | ||
SECTION 4. Article 39.14, Code of Criminal Procedure, is | ||
amended by amending Subsection (f) and adding Subsections (f-1), | ||
(f-2), and (f-3) to read as follows: | ||
(f) Except as provided by Subsection (f-1), the [ |
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attorney representing the defendant, or an investigator, expert, | ||
consulting legal counsel, or agent for the attorney representing | ||
the defendant, may allow a defendant, witness, or prospective | ||
witness to view the information provided under this article, but | ||
may not allow that person to have copies of the information | ||
provided, other than a copy of the witness's own statement. Before | ||
allowing that person to view a document or the witness statement of | ||
another under this subsection, the person possessing the | ||
information shall redact the address, telephone number, driver's | ||
license number, social security number, date of birth, and any bank | ||
account or other identifying numbers contained in the document or | ||
witness statement. | ||
(f-1) The attorney representing the defendant may allow the | ||
defendant or an investigator, expert, consulting legal counsel, or | ||
agent for the attorney representing the defendant to view a | ||
recording described by Section 2 or 5, Article 38.071, in the | ||
presence of the attorney representing the defendant but may not | ||
allow any of those persons to have a copy of the recording. | ||
(f-2) A person commits an offense if the person recklessly | ||
violates Subsection (f-1). An offense under this subsection is a | ||
state jail felony. | ||
(f-3) For purposes of Subsection (f) or (f-1) [ |
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representing the defendant. | ||
SECTION 5. The heading to Article 39.15, Code of Criminal | ||
Procedure, is amended to read as follows: | ||
Art. 39.15. DISCOVERY OF EVIDENCE DEPICTING [ |
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SECTION 6. Article 39.15(a), Code of Criminal Procedure, is | ||
amended to read as follows: | ||
(a) In the manner provided by this article, a court shall | ||
allow discovery under Article 39.14 of property or material: | ||
(1) that constitutes child pornography, as described | ||
by Section 43.26(a)(1), Penal Code; or | ||
(2) the promotion or possession of which is prohibited | ||
under Section 43.261, Penal Code[ |
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[ |
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SECTION 7. 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 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 section, an offense | ||
is committed before the effective date of this Act if any element of | ||
the offense occurs before the effective date. | ||
SECTION 8. This Act takes effect September 1, 2023. |