Texas 2013 - 83rd Regular

Texas House Bill HB2988

Filed
 
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the disclosure of certain information and evidence by a prosecutor in a criminal case.

Impact

The proposed amendments in HB 2988 could significantly impact the procedural dynamics of criminal trials in Texas. By emphasizing the prosecutor's obligation to disclose favorable evidence, the bill seeks to prevent wrongful convictions and enhance the integrity of the judicial process. It could lead to a fairer trial environment for defendants, allowing them better access to evidence that may influence their case. Legal experts have noted that such reforms are essential for maintaining public trust in the justice system, as they directly address concerns about potential prosecutorial misconduct and the protection of defendants' rights.

Summary

House Bill 2988 aims to amend the Code of Criminal Procedure in Texas to enhance the disclosure obligations of prosecutors regarding evidence that may be favorable to defendants. The bill explicitly states that prosecutors must not suppress evidence that could deprive defendants of a fair trial, thereby reinforcing the principle that justice should be prioritized over convictions. This legislation imposes a duty on district attorneys, county attorneys, and the attorney general to actively identify and disclose any information that negates a defendant's guilt or mitigates punishment, thus promoting transparency in the criminal justice system.

Contention

While supporters of HB 2988 view it as a necessary reform to protect defendants’ rights, there are concerns about the practicality of enforcing these disclosure requirements. Critics argue that the new obligations may overwhelm prosecutors, particularly in high-volume jurisdictions, potentially leading to delays in legal proceedings. Furthermore, discussions have surfaced regarding the balance between ensuring defendants' rights and the need to maintain an efficient judicial process, with some advocating for additional resources to support prosecutors in fulfilling these enhanced responsibilities.

Companion Bills

No companion bills found.

Similar Bills

TX HB4803

Relating to the creation of offices of District Attorney for the Northeast Texas, Central Texas, Southeast Texas, and South Texas Regions and the powers and duties of and related to such officers.

CA SB710

District attorneys: conflicts of interest.

TX SB2384

Relating to the creation of the 1st, 2nd, 3rd, 4th, and 5th Regional Administrative Judicial Districts, the creation of the office of regional district attorney for each district, and the powers and duties of regional district attorneys.

NC H116

Modify Laws Affecting District Attorneys

CA AB2083

Public utilities: rates.

AL SB265

Jefferson Co., Tenth Judicial Circuit, Bessemer Division, add'l assistant district attorney provided for, approval by Jefferson County Commission, Sec. 45-37-82.01 am'd.

AL HB509

Jefferson Co., Tenth Judicial Circuit, Bessemer Division, add'l assistant district attorney provided for, approval by Jefferson County Commission, Sec. 45-37-82.01 am'd.

LA HB477

Provides for new assistant district attorney positions for various judicial districts in the state (EN +$2,592,390 GF EX See Note)