Houston Criminal Defense Attorney - Texas Code of Criminal Procedure Art. 2.23
Houston Criminal Defense Attorneys: Understanding Texas Law on Reporting to the Attorney General
Introduction
As Houston criminal defense attorneys, we are committed to protecting the rights and interests of our clients. In the dynamic landscape of criminal law, it is essential to stay informed about legal statutes and regulations that can impact our clients' cases. Today, we will shed light on a crucial Texas law that governs the reporting of information to the
Article 2.23: Report to Attorney General
Article 2.23 outlines the obligations of clerks of district and county courts, as well as state agencies and attorneys representing the state, in providing information and records related to criminal matters to the Attorney General upon request. The law aims to facilitate federal habeas review processes and ensure the smooth flow of information necessary for legal proceedings.
(a) Reporting by Court Clerks
According to Article 2.23(a), when the Attorney General requests information in writing, the clerks of district and county courts must provide the requested information within ten days of receiving the request. The information should be submitted in the form prescribed by the Attorney General. This provision emphasizes the importance of promptly delivering court records relevant to criminal matters to facilitate federal habeas review processes.
(b) Reporting by State Agencies and Attorneys Representing the State
Article 2.23(b) extends the reporting requirement to state agencies and the offices of attorneys representing the state. When requested in writing by the Attorney General, these entities must provide any records needed for federal habeas review within ten days of receiving the request. The records should be provided in the form specified by the Attorney General. This provision ensures that all relevant records necessary for effective legal review are made available to the Attorney General.
(c) No Restriction or Delay
Under Article 2.23(c), it is explicitly stated that no district court, county court, state agency, or office of an attorney representing the state can restrict or delay the reproduction or delivery of a record requested by the Attorney General under this law. This provision guarantees that the flow of information remains unimpeded, enabling efficient and thorough review processes.
Importance of Compliance
Compliance with Article 2.23 is crucial for various reasons. First, it allows the Attorney General to access the necessary information required for federal habeas review. By promptly providing court records and other relevant documents, attorneys can ensure that the legal system operates smoothly and efficiently.
Second, compliance with this law enables attorneys representing clients involved in criminal matters to stay informed about potential avenues for defense. By understanding the information available to the Attorney General, defense attorneys can tailor their strategies and arguments accordingly.
Art. 2.23. REPORT TO ATTORNEY GENERAL. (a) The clerks of the district and county courts shall, when requested in writing by the Attorney General, report to the Attorney General not later than the 10th day after the date the request is received, and in the form prescribed by the Attorney General, information in court records that relates to a criminal matter, including information requested by the Attorney General for purposes of federal habeas review. (b) A state agency or the office of an attorney representing the state shall, when requested in writing by the Attorney General, provide to the Attorney General any record that is needed for purposes of federal habeas review. The agency or office must provide the record not later than the 10th day after the date the request is received and in the form prescribed by the Attorney General. (c) A district court, county court, state agency, or office of an attorney representing the state may not restrict or delay the reproduction or delivery of a record requested by the Attorney General under this article. Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by: Acts 2005, 79th Leg., Ch. 933 (H.B. 646), Sec. 1, eff. September 1, 2005.
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