Texas 2013 - 83rd Regular

Texas Senate Bill SB825

Filed
 
Out of Senate Committee
 
Voted on by Senate
 
Out of House Committee
 
Voted on by House
 
Governor Action
 

Caption

Relating to disciplinary standards and procedures applicable to grievances alleging certain prosecutorial misconduct.

Impact

The impact of SB825 on Texas state law is significant as it addresses a crucial aspect of legal accountability within the prosecutorial system. By delaying the statute of limitations on grievances related to wrongful imprisonment until the release of the wrongfully imprisoned individual, the bill provides a clearer pathway for individuals to seek justice. This change may empower more individuals to come forward with complaints against prosecutors, potentially leading to an increase in accountability and transparency in the legal system. The bill also mandates the establishment of a more coherent framework for handling grievances, thus facilitating better oversight of attorney disciplinary actions.

Summary

Senate Bill 825 aims to reform the standards and procedures for handling grievances against prosecutorial misconduct in Texas. Specifically, it establishes minimum standards for the disciplinary system overseeing attorney conduct, ensuring that grievances alleging violations—such as failure to disclose exculpatory evidence—are processed effectively. The bill emphasizes transparency by requiring a grievance tracking system, periodic updates to complainants, and a framework that allows for trials and appeals in disciplinary cases. This legislative effort reflects an intent to enhance accountability among prosecutors and improve the grievance process for individuals alleging misconduct.

Contention

Notable points of contention surrounding SB825 pertain to concerns about the balance between prosecutorial discretion and accountability. Proponents argue that the bill is a necessary step towards ensuring rigorous oversight of prosecutorial conduct, especially given the serious implications of wrongful convictions. However, critics may express concerns that tightened regulations could complicate the work of prosecutorial offices and infringe upon their ability to operate freely in pursuing cases. These differing perspectives highlight the ongoing debate about the appropriate level of scrutiny in the criminal justice system, particularly regarding how prosecutorial misconduct is addressed and whether reforms may inadvertently hinder the administration of justice.

Companion Bills

TX HB1921

Identical Relating to disciplinary standards and procedures applicable to grievances alleging certain prosecutorial misconduct.

Similar Bills

TX HB5010

Relating to the classification of a grievance filed with the State Bar of Texas.

TX SB2462

Relating to the classification of a grievance filed with the State Bar of Texas.

TX HB2102

Relating to the continuation and functions of the state bar.

TX SB302

Relating to the continuation and functions of the state bar.

TX HB1921

Relating to disciplinary standards and procedures applicable to grievances alleging certain prosecutorial misconduct.

IA SF346

A bill for an act relating to procedures for grievances under the merit system for state employees.