Introduction
Concerns have been raised that some prosecuting attorneys do not always receive all relevant evidence pertaining to a particular case from law enforcement agencies, leaving the attorney vulnerable to Brady violations. Under state law, certain evidence must be disclosed to the defense, and a failure to do so may result in sanctions, including reprimand, censure, termination, or even disbarment for prosecuting attorneys. C.S.S.B. 111 seeks to address these concerns by setting out certain duties for law enforcement agencies regarding the release of information subject to disclosure to the state’s attorney.
S.B. 111 amends the Code of Criminal Procedure to require a law enforcement agency filing a case with the state’s attorney, excluding the state’s attorney in a justice or municipal court, to submit to the attorney a written statement by an agency employee with knowledge of the case acknowledging that all documents, items, and information in the agency’s possession that are statutorily required to be disclosed to the defendant in the case have been disclosed to the attorney. If at any time after the case is filed with the state’s attorney the law enforcement agency discovers or acquires any additional document, item, or information required to be disclosed to the defendant, an agency employee must promptly disclose it to the state’s attorney.
State Action
Texas
NBCSL Member Sponsor(s):- Sen. Royce West (TX)
Summary: SB 111 - Richard Miles Act (Release of Evidence by Law Enforcement)
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