87R12162 JRR-F
By: Collier H.B. No. 3830
A BILL TO BE ENTITLED
AN ACT
relating to certain continuing duties of the state that relate to
exculpatory evidence in a criminal case.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 2, Code of Criminal Procedure, is
amended by adding Article 2.026 to read as follows:
Art. 2.026. CONTINUING DUTY OF STATE TO DISCLOSE
EXCULPATORY EVIDENCE. Regardless of the date the applicable
offense was committed, if at any time before, during, or after trial
or a plea negotiation the state discovers any exculpatory document,
item, or information in the possession, custody, or control of the
state, the state shall promptly disclose the existence of the
document, item, or information to the defendant or the court. This
duty is in addition to the state's duty to disclose the existence of
any additional document, item, or information under Article
39.14(k).
SECTION 2. 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, 2021.