Texas 2013 - 83rd Regular

Texas House Bill HB2988 Compare Versions

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1	1	83R21921 MEW-F
2	2	By: Canales H.B. No. 2988
3	3	Substitute the following for H.B. No. 2988:
4	4	By: Herrero C.S.H.B. No. 2988
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the disclosure of certain information and evidence by a
10	10	prosecutor in a criminal case.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Article 2.01, Code of Criminal Procedure, is
13	13	amended to read as follows:
14	14	Art. 2.01. DUTIES OF DISTRICT ATTORNEYS. (a) Each district
15	15	attorney shall represent the State in all criminal cases in the
16	16	district courts of the [his] district and in appeals from those
17	17	cases [therefrom], except in cases where the district attorney [he]
18	18	has been, before [his] election, employed adversely. When any
19	19	criminal proceeding is had before an examining court in the [his]
20	20	district or before a judge upon habeas corpus, and the district
21	21	attorney [he] is notified of the proceeding [same], and is at the
22	22	time within the [his] district, the district attorney [he] shall
23	23	represent the State in the proceeding [therein], unless prevented
24	24	by other official duties.
25	25	(b) It is [shall be] the primary duty of all prosecuting
26	26	attorneys, including any special prosecutors, not to convict, but
27	27	to see that justice is done. A district attorney may [They shall]
28	28	not suppress evidence that would deprive a defendant of a fair
29	29	trial. A district attorney has a duty to identify any information or
30	30	evidence that tends to negate the defendant's guilt or mitigate the
31	31	punishment for the offense and that is in the possession, custody,
32	32	or control of the State [facts or secrete witnesses capable of
33	33	establishing the innocence of the accused].
34	34	SECTION 2. Article 2.02, Code of Criminal Procedure, is
35	35	amended to read as follows:
36	36	Art. 2.02. DUTIES OF COUNTY ATTORNEYS. (a) The county
37	37	attorney shall attend the terms of court in the [his] county below
38	38	the grade of district court, and shall represent the State in all
39	39	criminal cases under examination or prosecution in the [said]
40	40	county; and in the absence of the district attorney, the county
41	41	attorney [he] shall represent the State alone and, when requested,
42	42	shall aid the district attorney in the prosecution of any case in
43	43	behalf of the State in the district court. The county attorney [He]
44	44	shall represent the State in cases the county attorney [he] has
45	45	prosecuted that [which] are appealed.
46	46	(b) A county attorney may not suppress evidence that would
47	47	deprive a defendant of a fair trial. A county attorney has a duty to
48	48	identify any information or evidence that tends to negate the
49	49	defendant's guilt or mitigate the punishment for the offense and
50	50	that is in the possession, custody, or control of the State.
51	51	SECTION 3. Article 2.021, Code of Criminal Procedure, is
52	52	amended to read as follows:
53	53	Art. 2.021. DUTIES OF ATTORNEY GENERAL. (a) The attorney
54	54	general may offer to a county or district attorney the assistance of
55	55	the attorney general's office in the prosecution of an offense
56	56	described by Article 60.051(g) the victim of which is younger than
57	57	17 years of age at the time the offense is committed. On request of
58	58	a county or district attorney, the attorney general shall assist in
59	59	the prosecution of an offense described by Article 60.051(g) the
60	60	victim of which is younger than 17 years of age at the time the
61	61	offense is committed. For purposes of this article, assistance
62	62	includes investigative, technical, and litigation assistance of
63	63	the attorney general's office.
64	64	(b) The attorney general may not suppress evidence that
65	65	would deprive a defendant of a fair trial. The attorney general has
66	66	a duty to identify any information or evidence that tends to negate
67	67	the defendant's guilt or mitigate the punishment for the offense
68	68	and that is in the possession, custody, or control of the State.
69	69	SECTION 4. Article 26.13, Code of Criminal Procedure, is
70	70	amended by adding Subsection (e-1) and amending Subsection (f) to
71	71	read as follows:
72	72	(e-1) Before accepting a plea of guilty or a plea of nolo
73	73	contendere for an offense other than a misdemeanor punishable by
74	74	fine only, the court shall require the attorney representing the
75	75	state to affirm in open court that the attorney has:
76	76	(1) been diligent in identifying any information or
77	77	evidence that tends to negate the defendant's guilt or mitigate the
78	78	punishment for the offense and that is in the possession, custody,
79	79	or control of the state; and
80	80	(2) provided all information and evidence described by
81	81	Subdivision (1) to the defendant and the defendant's attorney
82	82	before reaching a plea agreement or responding to notice of a
83	83	defendant's intent to enter a plea of guilty or a plea of nolo
84	84	contendere.
85	85	(f) The court must substantially comply with Subsections
86	86	[Subsection] (e) and (e-1) [of this article]. The failure of the
87	87	court to comply with either subsection [Subsection (e) of this
88	88	article] is not grounds for the defendant to set aside the
89	89	conviction, sentence, or plea.
90	90	SECTION 5. Chapter 28, Code of Criminal Procedure, is
91	91	amended by adding Article 28.15 to read as follows:
92	92	Art. 28.15. STATEMENT REGARDING INFORMATION OR EVIDENCE
93	93	FAVORABLE TO DEFENDANT. Notwithstanding any other law, before a
94	94	trial is scheduled to commence for an offense other than a
95	95	misdemeanor punishable by fine only, the court shall require the
96	96	attorney representing the state to affirm in open court that the
97	97	attorney has:
98	98	(1) been diligent in identifying any information or
99	99	evidence that tends to negate the defendant's guilt or mitigate the
100	100	punishment for the offense and that is in the possession, custody,
101	101	or control of the state; and
102	102	(2) provided all information and evidence described by
103	103	Subdivision (1) to the defendant and the defendant's attorney,
104	104	regardless of whether the defendant has made a motion under Article
105	105	39.14.
106	106	SECTION 6. The changes in law made by this Act apply only to
107	107	a criminal proceeding that commences on or after the effective date
108	108	of this Act. A criminal proceeding that commences before the
109	109	effective date of this Act is governed by the law in effect on the
110	110	date the proceeding commences, and the former law is continued in
111	111	effect for that purpose.
112	112	SECTION 7. This Act takes effect September 1, 2013.