Journal of the Senate, Regular Session of the Seventy-Ninth Legislature of the State of Texas, Volume 3 Page: 2,564
2507-3760 p. ; 24 cm.View a full description of this legislative document.
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threats, harm, intimidation, or possible danger to the safety of a victim or witness,
possible loss, destruction, or fabrication of evidence, or possible compromise of other
investigations by law enforcement or a defense offered by a defendant.
(b) If a protective order is granted concerning the personal information for a
victim or witness, the party in possession of that information shall make the victim or
witness available for an interview by the opposing party or their representative at a
time, date, place, and manner specified by the court.
Sec. 7. IN CAMERA PROCEEDINGS. On request, the court may permit to be
made in camera an excision hearing under Section 5(a), a showing of good cause for
denial or regulation of a disclosure under Section 6, or any portion of a proceeding. A
verbatim record shall be made of a proceeding in camera. If the court excises a
portion of the material or information or enters an order granting relief following a
showing of good cause, the entire record shall be sealed and preserved in the records
of the court and shall be made available to an appellate court in the event of an appeal.
Sec. 8. CONFERENCE. On request of the attorney representing the state or the
defendant, the court shall hold a discovery hearing under Section 1(8), Article 28.01,
not later than the 10th day before the date the trial begins, to verify compliance by
each party with this article.
Sec. 9. COMPLIANCE; SANCTIONS. (a) The disclosures required under this
article may be performed in any manner that is mutually agreeable to the attorney
representing the state and the defendant or that is ordered by the court in accordance
with this article. The order issued by the court must specify the time, place, and
manner of making the required disclosures.
(b) On a showing that a party has not complied with this article or a relevant
court order, the court may make any order the court finds necessary under the
circumstances, including an order related to immediate disclosure, contempt
proceedings, delay or prohibition of the testimony of a witness or the presentation of
real evidence, or continuance of the matter. The court may also inform the jury of any
failure or refusal to disclose or any untimely disclosure under this article.
(c) The court may prohibit the use of a defense or the presentation of a witness
under Subsection (b) only if all other sanctions have been exhausted or the discovery
violation amounts to wilful misconduct designed to obtain a tactical advantage that
would minimize the effectiveness of cross-examination and the ability to adduce
rebuttal evidence. The court may not dismiss a charge under Subsection (b) unless
required to do so by the Texas Constitution or the United States Constitution.
SECTION 2. Section 2, Article 46.03, Code of Criminal Procedure, is repealed.
SECTION 3. 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 covered by the law in effect
when the offense was committed, and the former law is continued in effect for this
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 4. This Act takes effect September 1, 2005.
The amendment was read.2564
79th Legislature - Regular Session
73rd Day
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Texas. Legislature. Senate. Journal of the Senate, Regular Session of the Seventy-Ninth Legislature of the State of Texas, Volume 3, legislative document, 2005; (https://texashistory.unt.edu/ark:/67531/metapth123809/m1/62/: accessed May 5, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.