Bill Text: TX HB1316 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the disclosure in a criminal case of certain criminal history record information.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-04-09 - Left pending in committee [HB1316 Detail]
Download: Texas-2019-HB1316-Introduced.html
| 86R3131 JRR-D | ||
| By: Moody | H.B. No. 1316 | |
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| relating to the disclosure in a criminal case of certain criminal | ||
| history record information. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 38, Code of Criminal Procedure, is | ||
| amended by adding Article 38.51 to read as follows: | ||
| Art. 38.51. TIMELY DISCLOSURE OF CRIMINAL HISTORY RECORD | ||
| INFORMATION SUFFICIENT FOR PURPOSES OF CERTAIN NOTICE | ||
| REQUIREMENTS. (a) In this article, "criminal history record | ||
| information" has the meaning assigned by Section 411.082, | ||
| Government Code. | ||
| (b) This article applies to the notice requirements | ||
| relating to the state's intention to introduce evidence of other | ||
| crimes, wrongs, or acts committed by the defendant or evidence of | ||
| the prior criminal record of a potential witness in the case as | ||
| permitted by: | ||
| (1) Section 3, Article 37.07, or Article 38.37; | ||
| (2) Rule 404 or 609, Texas Rules of Evidence; or | ||
| (3) another law authorizing the introduction of that | ||
| evidence following notice by the state. | ||
| (c) Notwithstanding any other law, if the attorney | ||
| representing the state timely discloses to the defendant or the | ||
| attorney representing the defendant criminal history record | ||
| information in the original format in which the information was | ||
| retrieved from a database maintained by the Department of Public | ||
| Safety or the Federal Bureau of Investigation, including the Texas | ||
| Crime Information Center and National Crime Information Center, and | ||
| if that disclosure is made in accordance with Article 39.14, the | ||
| notice requirements described by Subsection (b) are satisfied with | ||
| respect to the criminal history record information contained in the | ||
| disclosure. | ||
| (d) Subsection (c) does not apply to criminal history record | ||
| information that the state intends to introduce for the purpose of | ||
| enhancing the punishment for an offense. | ||
| SECTION 2. Subchapter F, Chapter 411, Government Code, is | ||
| amended by adding Section 411.0844 to read as follows: | ||
| Sec. 411.0844. DISCLOSURE OF CRIMINAL HISTORY RECORD | ||
| INFORMATION IN CRIMINAL CASE. (a) An attorney representing the | ||
| state in a criminal case may disclose to the defendant or the | ||
| attorney representing the defendant criminal history record | ||
| information that relates to the defendant or a potential witness in | ||
| the case and that is obtained from the department or the Federal | ||
| Bureau of Investigation. | ||
| (b) The attorney representing the state shall provide with | ||
| the disclosure a copy of Section 411.085 providing criminal | ||
| penalties for the unauthorized obtaining, use, or disclosure of | ||
| criminal history record information. | ||
| SECTION 3. Article 38.51, Code of Criminal Procedure, as | ||
| added by this Act, applies only to a trial that begins on or after | ||
| the effective date of this Act, regardless of whether the alleged | ||
| offense was committed before, on, or after that date. | ||
| SECTION 4. This Act takes effect September 1, 2019. | ||
