Texas 2021 - 87th Regular

Texas House Bill HB3830

Caption

Relating to certain continuing duties of the state that relate to exculpatory evidence in a criminal case.

Impact

The impact of HB 3830 could be profound for the rights of defendants in Texas. By mandating that the state continuously disclose exculpatory evidence, the bill seeks to prevent misuse of evidence and the withholding of information that might be favorable to the accused. This measure aligns with principles of fair trial rights and could lead to significant reforms in how evidence is processed, ultimately enhancing the integrity of court proceedings. Legal professionals, particularly defense attorneys, may find this bill beneficial as it strengthens their ability to challenge prosecutions based on undisclosed evidence.

Summary

House Bill 3830 introduces a critical change to the Code of Criminal Procedure by establishing a continuing duty for the state to disclose exculpatory evidence throughout the judicial process. This obligation ensures that any exculpatory documents or information uncovered by the state must be promptly communicated to the defendant or the court, regardless of when the pertinent offense occurred. This version of the bill aims to reinforce transparency and accountability within the criminal justice system, specifically regarding the handling of evidence that may exonerate a defendant.

Contention

Despite the clear benefits proposed by HB 3830, there are potential points of contention surrounding the implementation of these requirements. Concerns may arise regarding the practical implications for law enforcement and prosecutorial practices, especially in terms of resource allocation and training. Moreover, some legislators and legal entities might debate the extent to which this duty could burden the state, potentially complicating judicial procedures already laden with challenges. The balance between an efficient legal process and the necessity for transparency will likely be a substantial focus of discussions as the bill progresses.

Companion Bills

No companion bills found.

Previously Filed As

TX HB311

Relating to the state's continuing duty to disclose exculpatory, impeachment, or mitigating evidence in a criminal case and prohibited retaliation against local assistant prosecutors for discharging that duty.

TX SB2563

Relating to the admissibility of certain evidence against a defendant in a criminal case.

TX HB908

Relating to the sealing of and discovery procedures relating to certain recordings of children constituting evidence in a criminal case in a criminal hearing or proceeding; creating a criminal offense.

TX HB3400

Relating to the release of defendants on bail, the duties of a magistrate in certain criminal proceedings, and the appointment of certain criminal law hearing officers; creating a criminal offense.

TX SB1427

Relating to certain criminal conduct and organizations that threaten the security of this state and its residents and borders; increasing criminal penalties.

TX HB1207

Relating to the statute of limitations for tampering with certain physical evidence.

TX HB946

Relating to spoliation of evidence held for use in a criminal proceeding.

TX HB2963

Relating to the authority of a court to grant a motion for a new trial in certain criminal cases.

TX SB1273

Relating to the authority of a court to grant a motion for a new trial in certain criminal cases.

TX HB5193

Relating to certain procedures in suits affecting the parent-child relationship filed by the Department of Family and Protective Services.

Similar Bills

No similar bills found.