Bill Text: TX HB1125 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to certain duties of law enforcement agencies concerning certain information subject to disclosure to a defendant.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-03-04 - Referred to Criminal Jurisprudence [HB1125 Detail]
Download: Texas-2021-HB1125-Introduced.html
| 87R1298 MAW-D | ||
| By: Anchia | H.B. No. 1125 | |
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| relating to certain duties of law enforcement agencies concerning | ||
| certain information subject to disclosure to a defendant. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. This Act may be cited as the Richard Miles Act. | ||
| SECTION 2. Chapter 2, Code of Criminal Procedure, is | ||
| amended by adding Article 2.1397 to read as follows: | ||
| Art. 2.1397. DUTIES OF LAW ENFORCEMENT AGENCY FILING CASE. | ||
| (a) In this article: | ||
| (1) "Attorney representing the state" means an | ||
| attorney authorized by law to represent the state in a criminal | ||
| case, including a district attorney, criminal district attorney, | ||
| county attorney with criminal jurisdiction, or city or municipal | ||
| attorney. | ||
| (2) "Law enforcement agency" means an agency of the | ||
| state or an agency of a political subdivision of the state | ||
| authorized by law to employ peace officers. | ||
| (b) A law enforcement agency filing a case with the attorney | ||
| representing the state shall include with the case file: | ||
| (1) all documents, items, and information in the | ||
| possession of the agency that are required to be disclosed to the | ||
| defendant in the case under Article 39.14; and | ||
| (2) a written statement by a peace officer employed by | ||
| the agency acknowledging that the documents, items, and information | ||
| filed with the case under Subdivision (1) constitute all of the | ||
| documents, items, and information in the possession of the agency | ||
| that are required to be disclosed to the defendant in the case under | ||
| Article 39.14. | ||
| (c) If at any time after the case is filed with the attorney | ||
| representing the state the law enforcement agency discovers or | ||
| acquires any additional document, item, or information required to | ||
| be disclosed to the defendant under Article 39.14, a peace officer | ||
| employed by the agency shall promptly transmit the document, item, | ||
| or information to the attorney representing the state. | ||
| (d) A law enforcement agency shall promptly disclose to each | ||
| attorney representing the state with whom the agency files cases | ||
| the identity of each peace officer or other employee of the agency | ||
| for whom a finding of misconduct has been sustained if that finding | ||
| would be required to be disclosed to a defendant under Article | ||
| 39.14. | ||
| SECTION 3. This Act takes effect September 1, 2021. | ||
