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