Texas Senate Bill SB1903

Texas 2021 - 87th Regular

Caption

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.

Impact

The bill also provides protections for assistant prosecutors, preventing any form of retaliation if they fulfill their duty to disclose evidence as mandated by law. Specifically, it prohibits prosecuting attorneys from taking adverse personnel actions against assistant prosecutors who either disclose beneficial evidence to defendants or refuse to withhold such evidence when directed by their superiors. This provision is crucial in maintaining integrity within the prosecutorial system and encouraging transparency in criminal proceedings.

Summary

SB1903 focuses on the continuous obligation of the state to disclose exculpatory, impeachment, or mitigating evidence in criminal cases. The bill seeks to amend existing laws to explicitly state that if the state uncovers any such evidence at any stage of the case, it must promptly inform the defendant or the court. This aims to enhance the fairness of trials by ensuring that defendants have access to any evidence that could potentially influence the outcome of their cases.

Contention

Notably, the proposed legislation reflects a growing concern over prosecutorial misconduct and the ethical responsibilities of those in legal positions. By safeguarding assistant prosecutors against retaliation, SB1903 aims to create an environment where legal professionals can act in accordance with their ethical obligations without fear of job insecurity or negative repercussions. However, discussions surrounding this bill will likely touch upon the challenges of accountability within prosecutorial offices and the balance between protecting state interests and ensuring fair trials for defendants.