Texas 2015 - 84th Regular

Texas House Bill HB1010 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R1919 MEW-F
2	2	By: Canales H.B. No. 1010
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the disclosure of certain information and evidence by a
8	8	prosecutor in a criminal case.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Article 2.01, Code of Criminal Procedure, is
11	11	amended to read as follows:
12	12	Art. 2.01. DUTIES OF DISTRICT ATTORNEYS. (a) Each district
13	13	attorney shall represent the State in all criminal cases in the
14	14	district courts of the [his] district and in appeals from those
15	15	cases [therefrom], except in cases where the district attorney [he]
16	16	has been, before [his] election, employed adversely. When any
17	17	criminal proceeding is had before an examining court in the [his]
18	18	district or before a judge upon habeas corpus, and the district
19	19	attorney [he] is notified of the proceeding [same], and is at the
20	20	time within the [his] district, the district attorney [he] shall
21	21	represent the State in the proceeding [therein], unless prevented
22	22	by other official duties.
23	23	(b) It is [shall be] the primary duty of all prosecuting
24	24	attorneys, including any special prosecutors, not to convict, but
25	25	to see that justice is done. A district attorney may [They shall]
26	26	not suppress evidence that would deprive a defendant of a fair
27	27	trial. A district attorney has a duty to identify any information or
28	28	evidence that tends to negate the defendant's guilt or mitigate the
29	29	punishment for the offense and that is in the possession, custody,
30	30	or control of the State [facts or secrete witnesses capable of
31	31	establishing the innocence of the accused].
32	32	SECTION 2. Article 2.02, Code of Criminal Procedure, is
33	33	amended to read as follows:
34	34	Art. 2.02. DUTIES OF COUNTY ATTORNEYS. (a) The county
35	35	attorney shall attend the terms of court in the [his] county below
36	36	the grade of district court, and shall represent the State in all
37	37	criminal cases under examination or prosecution in the [said]
38	38	county; and in the absence of the district attorney, the county
39	39	attorney [he] shall represent the State alone and, when requested,
40	40	shall aid the district attorney in the prosecution of any case in
41	41	behalf of the State in the district court. The county attorney [He]
42	42	shall represent the State in cases the county attorney [he] has
43	43	prosecuted that [which] are appealed.
44	44	(b) A county attorney may not suppress evidence that would
45	45	deprive a defendant of a fair trial. A county attorney has a duty to
46	46	identify any information or evidence that tends to negate the
47	47	defendant's guilt or mitigate the punishment for the offense and
48	48	that is in the possession, custody, or control of the State.
49	49	SECTION 3. Article 2.021, Code of Criminal Procedure, is
50	50	amended to read as follows:
51	51	Art. 2.021. DUTIES OF ATTORNEY GENERAL. (a) The attorney
52	52	general may offer to a county or district attorney the assistance of
53	53	the attorney general's office in the prosecution of an offense
54	54	described by Article 60.051(g) the victim of which is younger than
55	55	17 years of age at the time the offense is committed. On request of
56	56	a county or district attorney, the attorney general shall assist in
57	57	the prosecution of an offense described by Article 60.051(g) the
58	58	victim of which is younger than 17 years of age at the time the
59	59	offense is committed. For purposes of this article, assistance
60	60	includes investigative, technical, and litigation assistance of
61	61	the attorney general's office.
62	62	(b) The attorney general may not suppress evidence that
63	63	would deprive a defendant of a fair trial. The attorney general has
64	64	a duty to identify any information or evidence that tends to negate
65	65	the defendant's guilt or mitigate the punishment for the offense
66	66	and that is in the possession, custody, or control of the State.
67	67	SECTION 4. Article 26.13, Code of Criminal Procedure, is
68	68	amended by adding Subsection (e-1) and amending Subsection (f) to
69	69	read as follows:
70	70	(e-1) Before accepting a plea of guilty or a plea of nolo
71	71	contendere for an offense other than a misdemeanor punishable by
72	72	fine only, the court shall require the attorney representing the
73	73	state to affirm in open court that the attorney has:
74	74	(1) been diligent in identifying any information or
75	75	evidence that tends to negate the defendant's guilt or mitigate the
76	76	punishment for the offense and that is in the possession, custody,
77	77	or control of the state; and
78	78	(2) provided all information and evidence described by
79	79	Subdivision (1) to the defendant and the defendant's attorney
80	80	before reaching a plea agreement or responding to notice of a
81	81	defendant's intent to enter a plea of guilty or a plea of nolo
82	82	contendere.
83	83	(f) The court must substantially comply with Subsections
84	84	[Subsection] (e) and (e-1) [of this article]. The failure of the
85	85	court to comply with either subsection [Subsection (e) of this
86	86	article] is not grounds for the defendant to set aside the
87	87	conviction, sentence, or plea.
88	88	SECTION 5. Chapter 28, Code of Criminal Procedure, is
89	89	amended by adding Article 28.15 to read as follows:
90	90	Art. 28.15. STATEMENT REGARDING INFORMATION OR EVIDENCE
91	91	FAVORABLE TO DEFENDANT. Notwithstanding any other law, before a
92	92	trial is scheduled to commence for an offense other than a
93	93	misdemeanor punishable by fine only, the court shall require the
94	94	attorney representing the state to affirm in open court that the
95	95	attorney has:
96	96	(1) been diligent in identifying any information or
97	97	evidence that tends to negate the defendant's guilt or mitigate the
98	98	punishment for the offense and that is in the possession, custody,
99	99	or control of the state; and
100	100	(2) provided all information and evidence described by
101	101	Subdivision (1) to the defendant and the defendant's attorney,
102	102	regardless of whether the defendant has made a motion under Article
103	103	39.14.
104	104	SECTION 6. The changes in law made by this Act apply only to
105	105	a criminal proceeding that commences on or after the effective date
106	106	of this Act. A criminal proceeding that commences before the
107	107	effective date of this Act is governed by the law in effect on the
108	108	date the proceeding commences, and the former law is continued in
109	109	effect for that purpose.
110	110	SECTION 7. This Act takes effect September 1, 2015.