H.B. No. 2449 amends Article 39.14(d) of the Code of Criminal Procedure to establish new discovery requirements for pro se defendants in criminal cases. The bill specifies that when a court orders the state to produce documents or information for inspection, the state is not required to allow electronic duplication unless certain conditions are met. Specifically, the court may require the state to redact sensitive information before allowing electronic duplication. Additionally, the pro se defendant must sign an affidavit acknowledging their duty not to disclose any received materials to third parties, unless authorized or for the purpose of obtaining legal representation. The affidavit must also inform the defendant about relevant laws regarding the preservation and protection of evidence.
The changes introduced by this bill will only apply to criminal proceedings that commence on or after its effective date of September 1, 2025. Proceedings that begin before this date will continue to be governed by the existing law. This legislation aims to enhance the protection of sensitive information while ensuring that pro se defendants have access to necessary materials for their defense.