Bill Text: TX SB435 | 2023-2024 | 88th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the disclosure under the public information law of certain evidence of a crime that resulted in the death of a person.
Spectrum: Slight Partisan Bill (Republican 5-3)
Status: (Passed) 2023-05-24 - Effective immediately [SB435 Detail]
Download: Texas-2023-SB435-Comm_Sub.html
Bill Title: Relating to the disclosure under the public information law of certain evidence of a crime that resulted in the death of a person.
Spectrum: Slight Partisan Bill (Republican 5-3)
Status: (Passed) 2023-05-24 - Effective immediately [SB435 Detail]
Download: Texas-2023-SB435-Comm_Sub.html
By: Middleton, Eckhardt, Whitmire | S.B. No. 435 | |
(In the Senate - Filed January 12, 2023; February 15, 2023, | ||
read first time and referred to Committee on Criminal Justice; | ||
April 18, 2023, reported adversely, with favorable Committee | ||
Substitute by the following vote: Yeas 7, Nays 0; April 18, 2023, | ||
sent to printer.) | ||
COMMITTEE SUBSTITUTE FOR S.B. No. 435 | By: Hinojosa |
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relating to the disclosure under the public information law of | ||
certain evidence of a crime that resulted in the death of a person. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 552.108, Government Code, is amended by | ||
adding Subsections (d), (e), (f), (g), and (h) to read as follows: | ||
(d) Notwithstanding other law, a prosecutor may permit a | ||
person to view the following evidence of a qualifying crime that | ||
occurred in the prosecutor's jurisdiction at least five years | ||
before the date the person is allowed to view the information: | ||
(1) a medical examiner's report, if the person viewing | ||
the report is a family member of the person who is the subject of the | ||
report and the person who is the subject of the report was a victim | ||
of the crime; and | ||
(2) video evidence of the crime, if the person viewing | ||
the video is a victim of the crime or a family member of a victim of | ||
the crime. | ||
(e) A person permitted to view a medical examiner's report | ||
or video evidence under Subsection (d) may not copy, duplicate, | ||
photograph, record, capture, or otherwise memorialize the | ||
information. A prosecutor may prohibit the person from having a | ||
recording device, including a phone or camera, in the room when the | ||
person views the information. The prosecutor shall advise the | ||
person that the information is confidential and that discussing the | ||
contents of the information with another person is prohibited and | ||
could compromise the prosecution of the crime. The prosecutor may | ||
require the person to sign a confidentiality agreement before | ||
permitting the person to view the information. | ||
(f) A permitted viewing of a medical examiner's report or | ||
video evidence under Subsection (d) is not a voluntary disclosure | ||
of information for purposes of Section 552.007(b). A governmental | ||
body, by providing information under Subsection (d) that is | ||
confidential or otherwise excepted from required disclosure under | ||
law, does not waive or affect the confidentiality of the | ||
information for purposes of state or federal law or waive the right | ||
to assert exceptions to required disclosure of the information in | ||
the future. | ||
(g) Subsection (d) does not affect: | ||
(1) the right of a person to obtain a medical | ||
examiner's report or video evidence of a crime from a governmental | ||
body under other law; | ||
(2) the procedures under which the information is | ||
obtained under other law; or | ||
(3) the use that may be made of the information | ||
obtained under other law. | ||
(h) In this section: | ||
(1) "Family member" means a person related to a victim | ||
of a crime within the first degree of consanguinity or affinity. | ||
(2) "Medical examiner's report" means a report and the | ||
contents of such a report created by a medical examiner under | ||
Article 49.25, Code of Criminal Procedure, including an autopsy | ||
report and toxicology report. | ||
(3) "Qualifying crime" means a crime: | ||
(A) that resulted in the death of at least five | ||
people; and | ||
(B) for which the defendant or person who is the | ||
alleged or suspected perpetrator of the crime is determined to be | ||
incompetent to stand trial. | ||
(4) "Victim" means an individual who suffered personal | ||
injury or death as a result of criminal conduct. | ||
SECTION 2. The change in law made by this Act applies to a | ||
crime that occurred before, on, or after the effective date of this | ||
Act. | ||
SECTION 3. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2023. | ||
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