88R10185 TSS-D
By: Dutton H.B. No. 2527
A BILL TO BE ENTITLED
AN ACT
relating to the duty of an attorney representing the state to
disclose certain information regarding a defendant convicted of an
offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 39.14, Code of Criminal Procedure, is
amended by adding Subsection (k-1) to read as follows:
(k-1) In addition to any disclosure required under
Subsections (h) and (k), an attorney representing the state who
develops probable cause to believe that a convicted defendant did
not commit the offense for which the defendant was convicted based
on credible information discovered by the attorney after the
conviction shall:
(1) if the defendant was convicted of an offense in the
attorney's jurisdiction:
(A) disclose the information to the defendant,
any attorney representing the defendant, and the court in which the
defendant was convicted;
(B) for a defendant not represented by an
attorney, submit a motion to the court in which the defendant was
convicted requesting a hearing to determine whether the defendant
is eligible for appointed counsel under Article 1.051(d); and
(C) provide to the attorney representing the
defendant any additional information known by the attorney
representing the state that may be relevant to an appellate
proceeding for the defendant; or
(2) if the defendant was convicted of an offense in a
jurisdiction other than the jurisdiction of the attorney
representing the state who develops the probable cause, promptly
disclose the information to an attorney representing the state in
that jurisdiction.
SECTION 2. Section 81.024, Government Code, is amended by
adding Subsection (c) to read as follows:
(c) If the supreme court adopts the Texas Disciplinary Rules
of Professional Conduct under Subsection (b), the rules must
provide that a violation of Article 39.14(k-1), Code of Criminal
Procedure, if committed in bad faith, is a violation of the Texas
Disciplinary Rules of Professional Conduct. An attorney who
violates that rule is subject to discipline under Subchapter E.
SECTION 3. As soon as practicable after the effective date
of this Act, the Texas Supreme Court shall adopt rules as required
by Section 81.024(c), Government Code, as added by this Act.
SECTION 4. This Act takes effect September 1, 2023.