| 1 | 1 | | 87R12162 JRR-F |
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| 2 | 2 | | By: Collier H.B. No. 3830 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to certain continuing duties of the state that relate to |
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| 8 | 8 | | exculpatory evidence in a criminal case. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Chapter 2, Code of Criminal Procedure, is |
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| 11 | 11 | | amended by adding Article 2.026 to read as follows: |
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| 12 | 12 | | Art. 2.026. CONTINUING DUTY OF STATE TO DISCLOSE |
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| 13 | 13 | | EXCULPATORY EVIDENCE. Regardless of the date the applicable |
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| 14 | 14 | | offense was committed, if at any time before, during, or after trial |
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| 15 | 15 | | or a plea negotiation the state discovers any exculpatory document, |
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| 16 | 16 | | item, or information in the possession, custody, or control of the |
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| 17 | 17 | | state, the state shall promptly disclose the existence of the |
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| 18 | 18 | | document, item, or information to the defendant or the court. This |
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| 19 | 19 | | duty is in addition to the state's duty to disclose the existence of |
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| 20 | 20 | | any additional document, item, or information under Article |
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| 21 | 21 | | 39.14(k). |
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| 22 | 22 | | SECTION 2. This Act takes effect immediately if it receives |
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| 23 | 23 | | a vote of two-thirds of all the members elected to each house, as |
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| 24 | 24 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 25 | 25 | | Act does not receive the vote necessary for immediate effect, this |
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| 26 | 26 | | Act takes effect September 1, 2021. |
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