Journal of the Senate, Regular Session of the Seventy-Ninth Legislature of the State of Texas, Volume 3 Page: 2,567
2507-3760 p. ; 24 cm.View a full description of this legislative document.
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(c) Notwithstanding any other provision of this article, the attorney representing
the state, without a protective court order or a hearing before the court, may excise
from an offense report or other report any information related to the victim of an
offense that is listed under:
(1) Section 3g, Article 42.12; or
(2) Article 62.01(5).
(20) In SECTION 1 of the amendment, in proposed Section 6, Article 39.14,
Code of Criminal Procedure (page 3, line 36), strike "(a)".
(21) In SECTION 1 of the amendment, strike proposed Subsection (b), Section
6, Article 39.14, Code of Criminal Procedure (page 3, lines 44-48).
(22) In SECTION 1 of the amendment, in proposed Subsection (a), Section 9,
Article 39.14, Code of Criminal Procedure (page 3, line 67), strike "must" and
substitute "may".
(23) In SECTION 1 of the amendment, in proposed Subsection (b), Section 9,
Article 39.14, Code of Criminal Procedure (page 4, lines 4 and 5), strike "testimony of
a witness or the presentation of real evidence" and substitute "use of a defense or the
introduction of evidence".
(24) In SECTION 1 of the amendment, in proposed Subsection (c), Section 9,
Article 39.14, Code of Criminal Procedure (page 4, line 9), strike "presentation of a
witness" and substitute "introduction of evidence".
(25) In SECTION 1 of the amendment, in proposed Subsection (c), Section 9,
Article 39.14, Code of Criminal Procedure (page 4, line 12), strike "and" and
substitute "or".
(26) In SECTION 1 of the amendment, immediately following proposed
Subsection (c), Section 9, Article 39.14, Code of Criminal Procedure (page 3, between
lines 15 and 16), insert the following:
(d) The failure of the attorney representing the state or the defendant to comply
with this article is not a ground for a court to set aside the conviction or sentence of
the defendant, unless the court's action is authorized by the Texas Constitution or the
United States Constitution.
Sec. 10. COSTS. (a) All reasonable and necessary costs related to a disclosure
required under this article, including the photocopying of materials, shall be paid by
the requesting party.
(b) The commissioners court of the county in which the indictment, information,
or complaint is pending may not, as a result of any payment by the defendant of the
costs required by this article, reduce the amount of money provided by the county to
the office of the attorney representing the state.
Sec. 11. DISCLOSURE TO THIRD PARTIES. Neither the attorney
representing the state nor the attorney representing the defendant may disclose
without obtaining approval of the trial court information or witness statements
received from the opposing party to any third party, including the defendant, other
than to an investigator, expert, or other agent for the attorney representing the state or
the attorney representing the defendant, as applicable. Information or witness
statements received under this article may not be made available to the public.Thursday, May 19, 2005
SENATE JOURNAL
2567
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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/m1/65/: accessed May 5, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.