HB 2449
AN ACT relating to discovery requirements for pro se defendants in a
89th Regular Session
Jan 14, 2025 - Jun 2, 2025 • Session ended
Awaiting Committee Assignment
Bill filed, pending referral to House committee
Committee
Not yet assigned
Fiscal Note
Not available
What This Bill Does
Modifies discovery requirements for defendants representing themselves (pro se) in criminal cases. It requires pro se defendants to sign an affidavit acknowledging they cannot share documents or evidence received from the state with third parties, except when obtaining legal representation. The bill allows courts to order electronic document sharing while permitting redaction of sensitive information, placing stricter disclosure restrictions on self-represented defendants.
Bill Text
relating to discovery requirements for pro se defendants in a BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Article 39.14(d), Code of Criminal Procedure, is (d) In the case of a pro se defendant, if the court orders the state to produce and permit the inspection of a document, item, or information under this subsection, the state shall [permit the pro se defendant to inspect and review the document, item, or information but is not required to] allow electronic duplication as described by Subsection (a). The court order may require or authorize the state to redact the same sensitive information that is required to be redacted under Subsection (f) before the state allows electronic duplication of the document, item, or information containing the sensitive information. Before allowing electronic duplication pursuant to a court order issued under this subsection, the attorney representing the state shall require the pro se defendant to sign an affidavit acknowledging the defendant's duty under Subsection (e) to not disclose to a third party any documents, evidence, materials, or witness statements received from the state under this article unless the disclosure is specifically authorized under that subsection or is for the purpose of obtaining legal representation. An affidavit under this subsection, or written information provided with the affidavit, must direct the pro se defendant to the relevant laws regarding the preservation and protection of evidence from unlawful disclosure. SECTION 2. The change in law made by this Act applies only to a criminal proceeding that commences on or after the effective date of this Act. A criminal proceeding that commences before the effective date of this Act is governed by the law in effect on the date the proceeding commenced, and the former law is continued in SECTION 3. This Act takes effect September 1, 2025.
Bill History
Bill filed: AN ACT relating to discovery requirements for pro se defendants in a
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