Tex. Gov't Code Section 420.074
Disclosure of Privileged Communications or Other Information in Criminal Proceeding

(a)

Subject to the provisions of this chapter, not later than the 30th day before the date of the trial, a defendant in a criminal proceeding may make a motion for disclosure of a communication or record that is privileged under this chapter. The motion must include a supporting affidavit showing reasonable grounds to believe the privileged communication or record contains exculpatory evidence.

(b)

The defendant shall serve the motion on the attorney representing the state and the person who holds the privilege with regard to the communication or record at issue.

(c)

The court shall order the privileged communication or record to be produced for the court under seal and shall examine the communication or record in camera if the court finds by a preponderance of the evidence that:

(1)

there is a good-faith, specific, and reasonable basis for believing that the privileged communication or record is relevant, material, and exculpatory upon the issue of guilt for the offense charged; and

(2)

the privileged communication or record would not be duplicative of other evidence or information available or already obtained by the defendant.

(d)

The court shall disclose to the defendant and to the state only the evidence that the court finds to be exculpatory on the issue of guilt for the offense charged.
Added by Acts 1997, 75th Leg., ch. 775, Sec. 2, eff. Sept. 1, 1997, as Sec. 44.074, Health and Safety Code.
Renumbered from Health and Safety Code, Section 44.074 by Acts 2007, 80th Leg., Ch. 921 (H.B. 3167), Sec. 17.001, eff. September 9, 2007.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1105 (S.B. 1636), Sec. 10, eff. September 1, 2011.
Acts 2021, 87th Leg., R.S., Ch. 513 (S.B. 295), Sec. 5, eff. September 1, 2021.

Source: Section 420.074 — Disclosure of Privileged Communications or Other Information in Criminal Proceeding, https://statutes.­capitol.­texas.­gov/Docs/GV/htm/GV.­420.­htm#420.­074 (accessed Jun. 5, 2024).

420.001
Short Title 420.002
Purpose 420.003
Definitions 420.004
Administration of Program 420.005
Grants 420.006
Special Projects 420.007
Funding 420.008
Sexual Assault Program Fund 420.009
Report 420.010
Confidentiality 420.011
Certification by Attorney General 420.012
Consultations 420.013
Deposit by Comptroller 420.014
Attorney General Supervision of Collection of Costs 420.015
Assessment of Sexually Oriented Business Regulations 420.031
Evidence Collection Protocol 420.032
Photo Documentation Required for Child Victims in Certain Counties 420.033
Chain of Custody 420.034
Statewide Electronic Tracking System 420.035
Evidence Release 420.036
Duty to Enter Certain Information into Violent Criminal Apprehension Program Database 420.041
Applicability of Subchapter 420.042
Analysis of Evidence 420.043
Database Comparison Required 420.044
Grant Funds 420.046
Noncompliance 420.051
Advocates for Survivors of Sexual Assault 420.071
Confidential Communications and Records 420.072
Disclosure of Confidential Communication or Record 420.073
Consent for Release of Certain Confidential Information 420.074
Disclosure of Privileged Communications or Other Information in Criminal Proceeding 420.075
Offense 420.101
Definitions 420.102
Establishment of Center 420.103
Powers of Center 420.104
Operation Protocols Required 420.105
Authorized Contracts 420.106
Funding 420.107
Consultation Required 420.108
Rules 420.0431
Duties Following Database Dna Match 420.0432
Survivor Notification Concerning Database Dna Match 420.0735
Consent for Release of Certain Evidence
Green check means up to date. Up to date

Accessed:
Jun. 5, 2024

§ 420.074’s source at texas​.gov