Knowing what happened to someone you love

Let Families See the Evidence — Privately

Letting prosecutors share evidence with a victim's surviving family — privately, without making it public.

DRAFT — not filed  Proposed bill for the 90th Texas Legislature · Amends Texas Government Code §552.108 · Last updated November 5, 2026

The problem

Texas public-information law has a trap in it. Under Government Code §552.007(b), information a governmental body voluntarily shows to one person must be made available to any person. Attorney General rulings apply that rule to law-enforcement records: §552.108, the exception prosecutors rely on to withhold investigative material, is discretionary and can be waived by sharing. So a prosecutor who shows a murdered person's family the evidence — to prepare them for trial — risks being unable to withhold that same material from a media records request the next day.

In one Texas case, a family waited more than six months for their daughter's autopsy report; when they finally saw it, they had it for 13 minutes before it became public and the media calls began. The same family first confronted the most graphic evidence at trial, in the courtroom, a short distance from the man accused of killing her — because there was no safe way to prepare them beforehand.

"We had Cayley's autopsy report for thirteen minutes before it was public."
— Lawrence Baitland, whose daughter Cayley Mandadi was raped and beaten to death on October 29, 2017

The Legislature already recognised this harm once. After the Santa Fe school shooting, next of kin asked to view evidence, and prosecutors feared allowing it would force public disclosure. SB 435 (88th Legislature, 2023) fixed that — but only for a medical examiner's report and video, and only as a viewing. Everything else a family needs to understand — autopsy photographs, 911 recordings, forensic reports, the offence report — still sits outside the safe harbour.

What the bill does

The bill amends Government Code §552.108 to extend the SB 435 mechanism to a defined list: medical examiner reports and autopsy photographs, crime video and audio, 911 recordings, forensic and laboratory reports, and offence reports. It applies in death cases, for the victim's surviving family as defined in the bill: close relatives and a stepparent who married the victim's parent while the victim was a minor; the family's attorney may attend. No one outside the family may stand in for them — access belongs to the family alone. Families may keep copies of written reports that are already public records; everything else is view-only, under a confidentiality agreement, and a viewing is expressly not a public disclosure and waives nothing.

Sharing is always the prosecutor's choice. A prosecutor may withhold or redact anything that could reasonably jeopardise the investigation or prosecution or anyone's safety — including where a family member is an expected fact witness. But a prosecutor who declines or delays a request must give the family the reason in writing, with an estimated date. Witness statements and suspect interviews are excluded altogether. Recording or redistributing graphic material obtained through a viewing is a criminal offence with a civil remedy.

A severable second part covers the closed case: once a conviction is completely final, including the 90-day U.S. Supreme Court review window, or a non-prosecution agreement is signed, a prosecutor may grant access under the same no-disclosure protection. In a death case, the surviving family are the rights-holders; a living victim of sexual assault or kidnapping is the rights-holder in her own case. Access is discretionary and screened, because evidence files contain material a requester has no right to see; if the prosecutor says no, the only duty owed is a written response.

Why it works

The 2023 law it extends passed the Senate 31–0 and the House 135–0, using the same machinery — permissive authority, confidentiality agreement, no-duplication rule, express non-waiver. Florida protects the same interest from the other direction: Fla. Stat. §406.135 makes autopsy imagery confidential by law, with an express family-access door. Either way: the family sees; the record's public status does not change.

Rights and safeguards

How hard will this be to pass?

Moderate — 3 of 5

The policy itself was unanimous in 2023; this bill extends it to more categories of evidence, which is where the argument will be — expect open-government and defence-bar scrutiny, and a committee fight over breadth rather than over principle. The partisan landscape has also shifted since the dossiers behind this page were first researched (the House and governorship changed parties in 2026 while the Senate stayed Republican under a new lieutenant governor), so every approach is being re-verified before the session.

Cost

No significant fiscal note is expected: the bill is permissive, works through existing prosecutor offices, and its written-response duties are occasional.

What we need — and the next step

We are asking victims' advocacy organisations to champion or endorse this bill, testify for it, or advise on it — and members of the 90th Legislature to consider authoring it. It completes a policy already voted for once, unanimously: a family's chance to see the evidence of their loved one's death before a courtroom forces them to.

Next step: a 20-minute briefing with Lawrence Baitland — and then your yes or no on championing this bill.

Download the one-page summary (PDF)

Reading on? Below this line the page goes deeper: first a fuller brief for advocates preparing to pitch this bill inside their own organisation, then a technical appendix for attorneys and legislative staff.

Layer 2 — The advocacy brief

For advocates preparing to pitch this bill: the fuller picture, the arguments against it stated fairly, and our answers.

How this gap in the law actually plays out

Content note: this section describes one family's experience of the system after a homicide, in plain terms and without graphic detail.

Cayley Mandadi was raped and beaten to death on October 29, 2017. Her family waited more than six months for her autopsy report. When it was finally ready, the justice of the peace sent the family an advance copy — and thirteen minutes later it was a public record and the media calls began. Nobody in that chain acted badly: under §552.007(b), what is shared with one person can be demanded by anyone, and §552.108's protection can be lost by the act of sharing. The system did what the statute tells it to do. The statute is the problem.

The harder consequence came at trial. With no safe way for the prosecutor to prepare them, the family first confronted the most graphic evidence in the courtroom, a short distance from the accused, required to sit still through it. A prosecutor who wants to prepare a family today must weigh that decency against handing the evidence to anyone who asks — and reasonably, most do not prepare families. The family walks in blind.

After the Santa Fe school shooting, the same trap caught the families of the dead there. The Legislature's answer — SB 435 in 2023 — is the proof that this bill's mechanism works and is accepted. Its deliberate narrowness is now the gap: the report and the video can be shown; the photographs, the 911 recording, the forensic reports, and the offence report cannot.

Likely criticism — and our answers

You will meet these arguments in committee, in the press, and possibly inside your own organisation. Each is stated in its strongest fair form. The expected sources are open-government organisations (the Freedom of Information Foundation of Texas tracks Public Information Act exceptions; it has taken no position on this bill), press associations, the criminal-defence bar, and some prosecutors — named here as likely critics, which is a different thing from naming an ally: no critic is misrepresented by being expected to argue its own stated mission.

"This breaks the rule against selective disclosure. Government must not favour insiders with public information."

This is the strongest objection, and §552.007(b)'s principle is a real transparency value, not a technicality. The answer is that the bill discloses nothing publicly and changes no record's status: it decouples a family's private viewing from the public's rights — the exact distinction the Legislature drew unanimously in 2023. Everything public today stays public on today's terms; everything excepted today stays excepted on the same grounds. The oversight record remains available to everyone through the Public Information Act once the investigative-jeopardy period passes. What the current rule actually protects, in the case that produced this bill, was a news cycle's thirteen-minute head start over a grieving family — not any public deliberative interest.

"Material will leak. One leaked interview could taint a jury pool or endanger a witness."

The bill is built around that risk. Sharing is view-only except for copies of written reports that are already public records; witness statements and suspect interviews are excluded altogether; viewings happen under a confidentiality agreement; and recording or redistributing graphic material obtained through a viewing is a criminal offence with a civil remedy. The prosecutor — the person with most to lose from a leak — decides item by item, and may withhold or redact anything that could jeopardise the case or anyone's safety.

"Showing the file to family witnesses will shape their testimony — and anything they say back becomes trial material."

Defence discovery under art. 39.14 is broader than anything this bill gives a family: the defence receives copies of material evidence; the family receives a controlled viewing of what the prosecutor chooses. The bill states expressly that it does not limit art. 39.14 or the State's constitutional disclosure duties, so nothing about a viewing can be used to withhold anything from the defence. Preparation of witnesses — including family witnesses — already happens under SB 435 and existing conferral rights; and a prosecutor may withhold material precisely where a family member is an expected fact witness. Finally, a breach of the bill is not a ground for suppression or dismissal, so a viewing cannot become a windfall that overturns a conviction.

"'May' will be read as 'must' — prosecutors will be pressured, and the law will apply unevenly across counties."

The bill creates no right to any particular item and no mechanism to compel sharing; the one duty it adds runs the other way — a prosecutor who declines or delays must say why, in writing, with an estimated date. That is a duty of courtesy and accountability, not of disclosure. Uneven use is a fair description of every discretionary protection in the Public Information Act, including §552.108 itself; the alternative the critics defend is uniform non-sharing, which is uniformity at the family's expense.

"Evidence files contain other people's private information — other victims, witnesses, people never charged."

True, and that is why access is prosecutor-gated and screened rather than entitled. The prosecutor weighs third-party privacy item by item, with redaction authority; material confidential under other law stays protected except where this bill expressly provides otherwise; and the post-finality part is expressly screened for exactly this reason, with only a written response owed on refusal.

Potential allies

These are the kinds of organisation whose missions and records align with this bill. Organisations are deliberately not named here. A group that found its own name on a bill page could reasonably read it as being cited as a supporter, and no organisation has committed to this bill. Named research is kept in the project's working papers; a category below means a natural conversation to have, not a position taken.

Prosecutors are a consultee, not a counted ally. The bill protects prosecutors as much as families — it removes the waiver risk a willing prosecutor bears today — but support from the profession cannot be assumed: breadth and leak-risk concerns are live within it. Prosecutor organisations should be consulted before filing, not first met in committee.

Prospective authors

To be published after re-verification. Candidates to approach — several members, identified from their records on this exact policy in the 88th and 89th Legislatures — have been researched and are held in the project's working papers. Because the 2026 election changed the House, the governorship, and the Lieutenant Governorship, no names are published here until rosters and committee assignments for the 90th Legislature are verified in January. What can be said now: the strongest approach follows the team that carried this policy unanimously in 2023, with a bipartisan coauthor pairing.

Talking points

Questions advocates ask

Does a family get to keep anything?

Only copies of written reports that are already public records. Everything else — photographs, recordings, forensic material — is view-only, under a confidentiality agreement.

Can a family member who will testify still be shown evidence?

Only as the prosecutor decides. Expected fact-witness status is an express ground for withholding — the bill protects the trial first.

What about cases that are already over?

A severable second part allows a prosecutor to grant access after a conviction is completely final (or a non-prosecution agreement is signed), under the same no-disclosure protection. On refusal, the prosecutor owes only a written response.

Does this create a new crime?

One narrow one: intentionally recording or redistributing graphic material obtained through a viewing. Merely breaching the confidentiality agreement carries no criminal or civil liability of itself; the remedy for the offence includes injunctive relief and actual damages for a person aggrieved.

Layer 3 — Technical appendix

For attorneys, board reviewers, and legislative staff: current law, what the draft changes, the legal analysis, and the seams we already know about.

Download the draft bill in Texas House format (PDF) — DRAFT, not filed

Current law

ProvisionWhat it does now
Gov't Code §552.007(b) The no-selective-disclosure rule: public information voluntarily made available to one person must be made available to any person. Attorney General rulings construe it together with the waiver doctrine for discretionary exceptions — the hinge of the whole problem (see OR2011-09069; OR2010-12709 on §552.108's waivability).
Gov't Code §552.108(a) The discretionary law-enforcement exception, including (a)(1): information whose release would interfere with the detection, investigation, or prosecution of crime. Discretionary means waivable — the exposure this bill removes for family viewings.
Gov't Code §552.108(d)–(h) (SB 435, 88th Leg., 2023) The existing family-viewing safe harbour: a prosecutor may permit a family member to view a medical examiner's report, and a victim or family member to view video evidence, of a crime resulting in death; no duplication; confidentiality agreement permitted; the viewing "is not a voluntary disclosure" under §552.007(b) and waives nothing; savings clause for rights under other law. Passed Senate 31–0, House 135–0; Acts 2023, ch. 195. Two categories, death cases, view-only — the limits this bill addresses.
Code Crim. Proc. art. 49.25 §11 The written autopsy report is presumptively a public record ("may not be withheld, subject to a discretionary exception"); autopsy photographs and x-rays are excepted from required disclosure and treated as confidential. Why the family's report went public in 2017, and why the draft needs SB 435's "notwithstanding other law" form to reach photographs.
Code Crim. Proc. arts. 56A.052 / 56A.0521 The 2025 direction of travel: for enumerated offence categories, a right to information regarding evidence collected and analysis status, with an estimated-date duty when disclosure would interfere (SB 1120, 89th Leg.). Information about evidence — not access to the evidence itself, and no §552.007(b) safe harbour. This bill is the complement, not a duplicate.
Fla. Stat. §406.135 (comparator) Florida solves the same interest from the opposite direction: autopsy imagery is confidential by law, with an express family-access door and penalties for custodian violation. Texas's safe-harbour model is the lighter instrument; the comparison is included because committee staff will raise it.

What the draft changes, section by section

Legal analysis

Known seams — flagged for the author and Legislative Council

Published here deliberately: a bill page that hides its drafting issues will not survive staff review, and these are mechanical rather than substantive.

Sources

The next step

Champion, endorse, testify, advise — or author. The next step is a 20-minute briefing with Lawrence Baitland, and then your yes or no.