Bill Text: TX SB435 | 2023-2024 | 88th Legislature | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to the disclosure under the public information law of certain evidence of a crime that resulted in the death of a person.

Spectrum: Slight Partisan Bill (Republican 5-3)

Status: (Passed) 2023-05-24 - Effective immediately [SB435 Detail]

Download: Texas-2023-SB435-Engrossed.html

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By: Middleton, et al. S.B. No. 435

A BILL TO BE ENTITLED
AN ACT
relating to the disclosure under the public information law of
certain evidence of a crime that resulted in the death of a person.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 552.108, Government Code, is amended by
adding Subsections (d), (e), (f), (g), and (h) to read as follows:
(d) Notwithstanding other law, a prosecutor may permit a
person to view the following evidence of a qualifying crime that
occurred in the prosecutor's jurisdiction at least five years
before the date the person is allowed to view the information:
(1) a medical examiner's report, if the person viewing
the report is a family member of the person who is the subject of the
report and the person who is the subject of the report was a victim
of the crime; and
(2) video evidence of the crime, if the person viewing
the video is a victim of the crime or a family member of a victim of
the crime.
(e) A person permitted to view a medical examiner's report
or video evidence under Subsection (d) may not copy, duplicate,
photograph, record, capture, or otherwise memorialize the
information. A prosecutor may prohibit the person from having a
recording device, including a phone or camera, in the room when the
person views the information. The prosecutor shall advise the
person that the information is confidential and that discussing the
contents of the information with another person is prohibited and
could compromise the prosecution of the crime. The prosecutor may
require the person to sign a confidentiality agreement before
permitting the person to view the information.
(f) A permitted viewing of a medical examiner's report or
video evidence under Subsection (d) is not a voluntary disclosure
of information for purposes of Section 552.007(b). A governmental
body, by providing information under Subsection (d) that is
confidential or otherwise excepted from required disclosure under
law, does not waive or affect the confidentiality of the
information for purposes of state or federal law or waive the right
to assert exceptions to required disclosure of the information in
the future.
(g) Subsection (d) does not affect:
(1) the right of a person to obtain a medical
examiner's report or video evidence of a crime from a governmental
body under other law;
(2) the procedures under which the information is
obtained under other law; or
(3) the use that may be made of the information
obtained under other law.
(h) In this section:
(1) "Family member" means a person related to a victim
of a crime within the first degree of consanguinity or affinity.
(2) "Medical examiner's report" means a report and the
contents of such a report created by a medical examiner under
Article 49.25, Code of Criminal Procedure, including an autopsy
report and toxicology report.
(3) "Qualifying crime" means a crime:
(A) that resulted in the death of at least five
people; and
(B) for which the defendant or person who is the
alleged or suspected perpetrator of the crime is determined to be
incompetent to stand trial.
(4) "Victim" means an individual who suffered personal
injury or death as a result of criminal conduct.
SECTION 2. The change in law made by this Act applies to a
crime that occurred before, on, or after the effective date of this
Act.
SECTION 3. 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, 2023.