| 1 | 1 | | 86R10894 JRR-F |
|---|
| 2 | 2 | | By: Thompson of Harris H.B. No. 3594 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to certain ongoing duties of an attorney representing the |
|---|
| 8 | 8 | | state that relate to exculpatory, impeachment, or mitigating |
|---|
| 9 | 9 | | evidence in a criminal case. |
|---|
| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 11 | 11 | | SECTION 1. Article 39.14(k), Code of Criminal Procedure, is |
|---|
| 12 | 12 | | transferred to Chapter 2, Code of Criminal Procedure, redesignated |
|---|
| 13 | 13 | | as Article 2.026, Code of Criminal Procedure, and amended to read as |
|---|
| 14 | 14 | | follows: |
|---|
| 15 | 15 | | Art. 2.026. ONGOING DUTY OF ATTORNEY REPRESENTING THE STATE |
|---|
| 16 | 16 | | TO DISCLOSE EXCULPATORY, IMPEACHMENT, OR MITIGATING EVIDENCE. |
|---|
| 17 | 17 | | [(k)] If at any time before, during, or after trial the attorney |
|---|
| 18 | 18 | | representing the state discovers any exculpatory, impeachment, or |
|---|
| 19 | 19 | | mitigating [additional] document, item, or information in the |
|---|
| 20 | 20 | | possession, custody, or control of the state that tends to negate |
|---|
| 21 | 21 | | the guilt of the defendant or would tend to reduce the punishment |
|---|
| 22 | 22 | | for the offense charged [required to be disclosed under Subsection |
|---|
| 23 | 23 | | (h)], the attorney representing the state shall promptly disclose |
|---|
| 24 | 24 | | the existence of the document, item, or information to the |
|---|
| 25 | 25 | | defendant or the court. |
|---|
| 26 | 26 | | SECTION 2. The change in law made by this Act applies to |
|---|
| 27 | 27 | | exculpatory, impeachment, or mitigating evidence described by |
|---|
| 28 | 28 | | Article 2.026, Code of Criminal Procedure, as transferred, |
|---|
| 29 | 29 | | redesignated, and amended by this Act, that relates to a criminal |
|---|
| 30 | 30 | | charge for an offense committed before, on, or after the effective |
|---|
| 31 | 31 | | date of this Act. |
|---|
| 32 | 32 | | SECTION 3. This Act takes effect immediately if it receives |
|---|
| 33 | 33 | | a vote of two-thirds of all the members elected to each house, as |
|---|
| 34 | 34 | | provided by Section 39, Article III, Texas Constitution. If this |
|---|
| 35 | 35 | | Act does not receive the vote necessary for immediate effect, this |
|---|
| 36 | 36 | | Act takes effect September 1, 2019. |
|---|