(a) The defendant may petition a court to order the disclosure of information made secret by Article 20A.202, 20A.203(a), or 20A.204, including a recording or typewritten transcription under Article 20A.201, as a matter preliminary to or in connection with a judicial proceeding. The court may order disclosure of the information if the defendant shows a particularized need.
(b) A petition for disclosure under Subsection (a) must be filed in the district court in which the case is pending. The defendant must also file a copy of the petition with the attorney representing the state, the parties to the judicial proceeding, and any other person the court requires. Each person who receives a copy of the petition under this subsection is entitled to appear before the court. The court shall provide interested parties with an opportunity to appear and present arguments for or against the requested disclosure.

Terms Used In Texas Code of Criminal Procedure 20A.205

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005

(c) A person who receives information under this article and discloses that information may be punished for contempt in the same manner as a person who violates Article 20A.203(a).