HBA-NMO S.B. 557 76(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 557 By: Lucio Criminal Jurisprudence 5/4/1999 Engrossed BACKGROUND AND PURPOSE Current law does not authorize courts to order a defense attorney to disclose the names and addresses of persons presenting evidence for the defense to the prosecutor. However, the law does authorize a defense attorney to request and obtain such information from the prosecutor as part of the discovery process. Due to the technical nature of an expert's testimony, it may be helpful to the prosecutor to know which experts the defense will call before the trial. S.B. 557 authorizes a court to order disclosure of the names and addresses of persons presenting expert testimony 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. Makes a conforming change. SECTION 2. Effective date: September 1, 1999. SECTION 3. Emergency clause.