By: Carter (Senate Sponsor - Huffman) H.B. No. 1847
(In the Senate - Received from the House May 9, 2013;
May 9, 2013, read first time and referred to Committee on
Jurisprudence; May 20, 2013, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 4, Nays 0;
May 20, 2013, sent to printer.)
COMMITTEE SUBSTITUTE FOR H.B. No. 1847 By: Campbell
A BILL TO BE ENTITLED
AN ACT
relating to continuing legal education in ethics or professional
responsibility for prosecutors.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 41, Government Code, is
amended by adding Section 41.111 to read as follows:
Sec. 41.111. TRAINING RELATED TO PROSECUTING ATTORNEY'S
DUTY TO DISCLOSE EXCULPATORY AND MITIGATING EVIDENCE. (a) Each
attorney representing the state in the prosecution of felony and
misdemeanor criminal offenses other than Class C misdemeanors shall
complete a course of study relating to the duty of a prosecuting
attorney to disclose exculpatory and mitigating evidence in a
criminal case.
(b) The court of criminal appeals shall adopt rules relating
to the training required by Subsection (a). In adopting the rules,
the court shall consult with a statewide association of prosecuting
attorneys in the development, provision, and documentation of the
required training.
(c) The rules must:
(1) require that each attorney, within 180 days of
assuming duties as an attorney representing the state described in
Subsection (a), shall receive one hour of instruction relating to
the duty of a prosecuting attorney to disclose exculpatory and
mitigating evidence in a criminal matter;
(2) require additional training on a schedule or at a
time as determined by the court;
(3) provide that the required training be specific
with respect to a prosecuting attorney's duties regarding the
disclosure of exculpatory and mitigating evidence in a criminal
case, and must be consistent with case law and the Texas
Disciplinary Rules of Professional Conduct; and
(4) provide for a method of certifying the completion
of the training described in Subdivisions (1) and (2).
SECTION 2. (a) The court of criminal appeals shall adopt
rules required by Section 41.111, Government Code, as added by this
Act, not later than January 1, 2014.
(b) A person who on January 1, 2014, is serving as an
attorney representing the state as described in Section 41.111(a),
Government Code, as added by this Act, must comply with the training
requirements of this section not later than January 1, 2015.
SECTION 3. This Act takes effect January 1, 2014.
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