HBA-KMH H.B. 2675 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2675
By: Keel
Criminal Jurisprudence
3/29/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, courts are not authorized to provide the names and addresses of
persons presenting evidence for the defense, under Rules 702, 703, and 705,
Texas Rules of Evidence, to the prosecutor. Defense lawyers may request and
obtain this information from the prosecutor as part of the discovery
process.  Due to the technical nature of an expert's testimony, it would be
helpful if the state knew previous to trial what experts the defense will
call.  This reciprocal measure will not jeopardize the defendant's case and
the discovery could make the testimony at trial more efficient. 

H.B. 2675 authorizes a court to disclose the names and addresses of persons
presenting evidence under Rules 702, 703, and 705, Texas Rules of Evidence,
prior to trial. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Article 39.14, Code of Criminal Procedure, to authorize
the court in which an action is pending, on motion of a party and on notice
to the other parties, to order one or more of the other parties to disclose
to the party making the motion the name and address of each person the
other party may use at trial to present evidence under Rules 702 (Testimony
by Experts), 703 (Bases of Opinion Testimony by Experts), and 705
(Disclosure of Facts or Data Underlying Expert Opinion), Texas Rules of
Evidence.  Requires the court to specify in the order the time and manner
in which the other party must make the disclosure. 

SECTION 2.  Effective date: September 1, 1999.

SECTION 3.  Emergency clause.