87R3215 JRR-D     By: Moody H.B. No. 973       A BILL TO BE ENTITLED   AN ACT   relating to the sealing of and discovery procedures relating to   certain recordings of children constituting evidence in a criminal   case in a criminal hearing or proceeding; creating a criminal   offense.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  The heading to Article 38.45, Code of Criminal   Procedure, is amended to read as follows:          Art. 38.45.  EVIDENCE DEPICTING [OR DESCRIBING ABUSE OF OR]   SEXUAL CONDUCT BY CHILD OR MINOR.          SECTION 2.  Article 38.45(a), Code of Criminal Procedure, is   amended to read as follows:          (a)  During the course of a criminal hearing or proceeding,   the court may not make available or allow to be made available for   copying or dissemination to the public property or material:                (1)  that constitutes child pornography, as described   by Section 43.26(a)(1), Penal Code; or                (2)  the promotion or possession of which is prohibited   under Section 43.261, Penal Code[; or                [(3)  that is described by Section 2 or 5, Article   38.071, of this code].          SECTION 3.  The heading to Article 39.14, Code of Criminal   Procedure, is amended to read as follows:          Art. 39.14.  DISCOVERY; OFFENSE.          SECTION 4.  Article 39.14, Code of Criminal Procedure, is   amended by amending Subsection (f) and adding Subsections (f-1),   (f-2), and (f-3) to read as follows:          (f)  Except as provided by Subsection (f-1), the [The]   attorney representing the defendant, or an investigator, expert,   consulting legal counsel, or agent for the attorney representing   the defendant, may allow a defendant, witness, or prospective   witness to view the information provided under this article, but   may not allow that person to have copies of the information   provided, other than a copy of the witness's own statement.  Before   allowing that person to view a document or the witness statement of   another under this subsection, the person possessing the   information shall redact the address, telephone number, driver's   license number, social security number, date of birth, and any bank   account or other identifying numbers contained in the document or   witness statement.          (f-1)  The attorney representing the defendant may allow the   defendant or an investigator, expert, consulting legal counsel, or   agent for the attorney representing the defendant to view a   recording described by Section 2 or 5, Article 38.071, in the   presence of the attorney representing the defendant but may not   allow any of those persons to have a copy of the recording.          (f-2)  A person commits an offense if the person recklessly   violates Subsection (f-1). An offense under this subsection is a   state jail felony.          (f-3)  For purposes of Subsection (f) or (f-1) [this   article], the defendant may not be the agent for the attorney   representing the defendant.          SECTION 5.  The heading to Article 39.15, Code of Criminal   Procedure, is amended to read as follows:          Art. 39.15.  DISCOVERY OF EVIDENCE DEPICTING [OR DESCRIBING   ABUSE OF OR] SEXUAL CONDUCT BY CHILD OR MINOR.          SECTION 6.  Article 39.15(a), Code of Criminal Procedure, is   amended to read as follows:          (a)  In the manner provided by this article, a court shall   allow discovery under Article 39.14 of property or material:                (1)  that constitutes child pornography, as described   by Section 43.26(a)(1), Penal Code; or                (2)  the promotion or possession of which is prohibited   under Section 43.261, Penal Code[; or                [(3)  that is described by Section 2 or 5, Article   38.071, of this code].          SECTION 7.  The change in law made by this Act applies to the   prosecution of an offense committed on or after the effective date   of this Act. The prosecution of an offense committed before the   effective date of this Act is governed by the law in effect on the   date the offense was committed, and the former law is continued in   effect for that purpose. For purposes of this section, an offense   is committed before the effective date of this Act if any element of   the offense occurs before the effective date.          SECTION 8.  This Act takes effect September 1, 2021.