| 1 | 1 | | 88R10185 TSS-D |
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| 2 | 2 | | By: Dutton H.B. No. 2527 |
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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 the duty of an attorney representing the state to |
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| 8 | 8 | | disclose certain information regarding a defendant convicted of an |
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| 9 | 9 | | offense. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Article 39.14, Code of Criminal Procedure, is |
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| 12 | 12 | | amended by adding Subsection (k-1) to read as follows: |
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| 13 | 13 | | (k-1) In addition to any disclosure required under |
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| 14 | 14 | | Subsections (h) and (k), an attorney representing the state who |
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| 15 | 15 | | develops probable cause to believe that a convicted defendant did |
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| 16 | 16 | | not commit the offense for which the defendant was convicted based |
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| 17 | 17 | | on credible information discovered by the attorney after the |
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| 18 | 18 | | conviction shall: |
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| 19 | 19 | | (1) if the defendant was convicted of an offense in the |
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| 20 | 20 | | attorney's jurisdiction: |
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| 21 | 21 | | (A) disclose the information to the defendant, |
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| 22 | 22 | | any attorney representing the defendant, and the court in which the |
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| 23 | 23 | | defendant was convicted; |
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| 24 | 24 | | (B) for a defendant not represented by an |
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| 25 | 25 | | attorney, submit a motion to the court in which the defendant was |
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| 26 | 26 | | convicted requesting a hearing to determine whether the defendant |
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| 27 | 27 | | is eligible for appointed counsel under Article 1.051(d); and |
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| 28 | 28 | | (C) provide to the attorney representing the |
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| 29 | 29 | | defendant any additional information known by the attorney |
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| 30 | 30 | | representing the state that may be relevant to an appellate |
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| 31 | 31 | | proceeding for the defendant; or |
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| 32 | 32 | | (2) if the defendant was convicted of an offense in a |
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| 33 | 33 | | jurisdiction other than the jurisdiction of the attorney |
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| 34 | 34 | | representing the state who develops the probable cause, promptly |
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| 35 | 35 | | disclose the information to an attorney representing the state in |
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| 36 | 36 | | that jurisdiction. |
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| 37 | 37 | | SECTION 2. Section 81.024, Government Code, is amended by |
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| 38 | 38 | | adding Subsection (c) to read as follows: |
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| 39 | 39 | | (c) If the supreme court adopts the Texas Disciplinary Rules |
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| 40 | 40 | | of Professional Conduct under Subsection (b), the rules must |
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| 41 | 41 | | provide that a violation of Article 39.14(k-1), Code of Criminal |
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| 42 | 42 | | Procedure, if committed in bad faith, is a violation of the Texas |
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| 43 | 43 | | Disciplinary Rules of Professional Conduct. An attorney who |
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| 44 | 44 | | violates that rule is subject to discipline under Subchapter E. |
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| 45 | 45 | | SECTION 3. As soon as practicable after the effective date |
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| 46 | 46 | | of this Act, the Texas Supreme Court shall adopt rules as required |
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| 47 | 47 | | by Section 81.024(c), Government Code, as added by this Act. |
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| 48 | 48 | | SECTION 4. This Act takes effect September 1, 2023. |
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