Journal of the Senate, Regular Session of the Seventy-Ninth Legislature of the State of Texas, Volume 3 Page: 2,563
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begins. If the defendant intends to raise an alibi defense, the notice must include the
place at which the defendant claims to have been at the time of the alleged offense and
the names and addresses of the witnesses the defendant intends to use to establish the
alibi. Any notice provided under this subsection is for purposes of discovery only and
is not admissible at trial unless the court finds that the contents of the notice were not
made in good faith.
(c) After the filing of the indictment or information, the court may require the
defendant to submit nontestimonial evidence to the state. This article does not limit
any law enforcement or prosecuting agency from seeking or obtaining nontestimonial
evidence to the extent permitted by law.
Sec. 3. EXCEPTIONS TO DISCLOSURE. (a) Neither the attorney
representing the state nor the defendant is required to disclose materials or information
that are:
(1) recorded proceedings of a grand jury, except as provided in Section
1(a)(2) of this article and Rule 615, Texas Rules of Evidence;
(2) a work product, including a report, memorandum, or other internal
document, of the attorney representing the state, the defendant, or their investigators
or other agents that is made in connection with the investigation, prosecution, or
defense of the case; or
(3) privileged under an express statutory provision, the Texas Constitution,
or the United States Constitution.
(b) This article does not authorize disclosure of the name, address, or telephone
number of a victim in violation of the provisions of Chapter 57.
(c) A victim impact statement is subject to disclosure before the testimony of the
victim is taken only if the court determines that the statement contains exculpatory
material.
Sec. 4. CONTINUING DUTY TO DISCLOSE. If, before a trial begins, but
subsequent to compliance with this article or a relevant court order, a party discovers
additional material or information subject to disclosure, the party shall immediately
notify the other party or the other party's counsel of the existence of the additional
material or information.
Sec. 5. EXCISION. (a) Except as provided by Subsection (b), if a portion of
material or information is subject to discovery under this article and a portion is not
subject to discovery, only the portion that is subject to discovery must be disclosed.
The disclosing party shall inform the other party that the portion of material or
information that is not subject to discovery has been excised and withheld. On
request, the court shall conduct a hearing to determine whether the reasons for
excision are justifiable. Material or information excised pursuant to judicial order
shall be sealed and preserved in the records of the court and shall be made available to
an appellate court in the event of an appeal.
(b) Excision of a witness statement produced in accordance with Rule 615,
Texas Rules of Evidence, is governed by that rule.
Sec. 6. PROTECTIVE ORDERS. (a) On a showing of good cause, the court
may at any time enter an appropriate protective order that a specified disclosure be
denied, restricted, or deferred. "Good cause," for purposes of this section, includesThursday, May 19, 2005
SENATE JOURNAL
2563
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Texas. Legislature. Senate. Journal of the Senate, Regular Session of the Seventy-Ninth Legislature of the State of Texas, Volume 3, legislative document, 2005; (https://texashistory.unt.edu/ark:/67531/metapth123809/m1/61/: accessed April 19, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.