Do you just tell counsel re: the client's rap sheet or do you let him see it? If you show it, what is your authority? Do you do it on case by case authority or do you have some type of standing order from the judge?

I generally give them copies of the defendant's rap sheet. However, as to witnesses, I do not. I normally give them a written list of anything that could be used under Rule 609 to impeach a witness. On the other hand, if I have too many witnesses and it would just be a ton of work to try and create such a list (as is often the case in a lengthy, cold-case type of investigation), then I might ask the judge to order me to turn over the rap sheets to the defense, but to also order the defense not to reveal the contents to anyone. I think such a court order covers you.

My understanding was that it is illegal for us to provide copies, or even let anyone without access view the TCIC/NCIC printouts. Am I incorrect?

You are correct, but a court order or standing order would be sufficient. See the two statutes reproduced below.

Tex. Gov't Code 411.085
Unauthorized Obtaining, Use, or Disclosure of Criminal History Record Information; Penalty
(a) A person commits an offense if the person knowingly or intentionally:
(1) obtains criminal history record information in an unauthorized manner, uses the information for an unauthorized purpose, or discloses the information to a person who is not entitled to the information;
(2) provides a person with a copy of the person's criminal history record information obtained from the department; or
(3) violates a rule of the department adopted under this subchapter.
(b) An offense under Subsection (a) is a Class B misdemeanor, except as provided by Subsection (c).
(c) An offense under Subsection (a) is a felony of the second degree if the person:
(1) obtains, uses, or discloses criminal history record information for remuneration or for the promise of remuneration; or
(2) employs another person to obtain, use, or disclose criminal history record information for remuneration or for the promise of remuneration.
(d) The department shall provide a copy of this section to:
(1) each person who applies for access to criminal history record information maintained by the department; and
(2) each private entity that purchases criminal history record information from the department.

Tex. Gov't Code 411.084 Use of Criminal History Record Information
(a) Criminal history record information obtained from the department under this subchapter:
(1) is for the exclusive use of the authorized recipient of the information; and
(2) may be disclosed or used by the recipient only if, and only to the extent that, disclosure or use is authorized or directed by:
(A) this subchapter;
(B) another statute;
(C) a rule adopted under a statute; or
(D) an order of a court of competent jurisdiction.
(b) Notwithstanding Subsection (a) or any other provision in this subchapter, criminal history record information obtained from the Federal Bureau of Investigation may be released or disclosed only to a governmental entity or as authorized by federal statute, federal rule, or federal executive order.

[This message was edited by Ken Sparks on 04-04-08 at .]

[This message was edited by Ken Sparks on 04-04-08 at .]