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.