Bill Text: TX SB372 | 2023-2024 | 88th Legislature | Enrolled

Texas Senate Bill 372 (Prior Session Legislation)

Bill Title: Relating to creating a criminal offense for the unauthorized disclosure of non-public judicial opinions and judicial work product.

Sponsorship: Bipartisan Bill

Status: (Passed) 2023-06-18 - Effective on 9/1/23 [SB372 Detail]

Download: Texas-2023-SB372-Enrolled.html



	S.B. No. 372




	AN ACT
	relating to creating a criminal offense for the unauthorized
	disclosure of non-public judicial opinions and judicial work
	product.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Chapter 21, Government Code, is amended by
	adding Section 21.013 to read as follows:
	Sec. 21.013. CONFIDENTIALITY OF JUDICIAL WORK PRODUCT;
	CRIMINAL OFFENSE. (a) In this section:
	(1) "Judicial work product" means written,
	electronic, or oral material prepared or communications made in the
	course of an adjudicatory proceeding before a court determining
	legal rights, powers, duties, or privileges. The term includes all
	drafts of opinions or orders and memoranda of law.
	(2) "Non-public judicial work product" means:
	(A) any written or electronic judicial work
	product other than documents filed with the clerk of a court for
	release to the public; or
	(B) any oral statement relating to judicial work
	product made in a closed session of a court or in judicial chambers.
	(b) This section applies to:
	(1) a court established under Section 1, Article V,
	Texas Constitution, other than a commissioners court; and
	(2) a court subject to this subtitle.
	(c) A justice or judge of a court shall comply with supreme
	court rules governing the confidentiality of non-public judicial
	work product.
	(d) A person, other than a justice or judge, who is involved
	in crafting an opinion or decision for an adjudicatory proceeding,
	including a court staff attorney, court clerk, or law clerk, shall
	maintain the confidentiality of all non-public judicial work
	product in accordance with supreme court rules.
	(e) A person, other than a justice or judge, with access to
	non-public judicial work product commits an offense if the person
	knowingly discloses, wholly or partly, the contents of any
	non-public judicial work product to a person who is not a justice,
	judge, court staff attorney, court clerk, law clerk, employee of an
	agency established under Chapter 71 or 72, or other court staff
	routinely involved in crafting an opinion or decision for an
	adjudicatory proceeding.
	(f) An offense under this section is a Class A misdemeanor.
	(g) It is a defense to prosecution under this section that
	the disclosure of the non-public judicial work product is
	authorized:
	(1) in writing by the justice or judge for whom the
	work product is prepared; or
	(2) under supreme court rules.
	SECTION 2. As soon as practicable after the effective date
	of this Act, the Texas Supreme Court shall adopt any rules necessary
	to implement Section 21.013, Government Code, as added by this Act.
	SECTION 3. This Act takes effect September 1, 2023.





	______________________________	______________________________
	President of the Senate	Speaker of the House

	I hereby certify that S.B. No. 372 passed the Senate on
	March 8, 2023, by the following vote: Yeas 31, Nays 0.


	______________________________
	Secretary of the Senate

	I hereby certify that S.B. No. 372 passed the House on
	May 19, 2023, by the following vote: Yeas 142, Nays 1, two
	present not voting.


	______________________________
	Chief Clerk of the House



	Approved:

	______________________________
	Date


	______________________________
	Governor