| 1 | 1 | | 88R10835 JCG-F |
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| 2 | 2 | | By: Cain H.B. No. 3247 |
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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 creating the criminal offense of prosecutorial |
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| 8 | 8 | | misconduct. |
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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 39, Penal Code, is amended by adding |
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| 11 | 11 | | Section 39.08 to read as follows: |
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| 12 | 12 | | Sec. 39.08. PROSECUTORIAL MISCONDUCT. (a) In this |
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| 13 | 13 | | section, "prosecuting attorney" means an attorney who represents |
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| 14 | 14 | | the state in a criminal action. |
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| 15 | 15 | | (b) A person commits an offense if: |
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| 16 | 16 | | (1) the person is a prosecuting attorney or working on |
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| 17 | 17 | | behalf of a prosecuting attorney in a criminal action; |
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| 18 | 18 | | (2) the person intentionally destroys, withholds from |
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| 19 | 19 | | the defendant, or otherwise fails to disclose to the defendant |
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| 20 | 20 | | information that the attorney or person is required to disclose |
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| 21 | 21 | | under Article 39.14(h), Code of Criminal Procedure; |
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| 22 | 22 | | (3) the defendant is actually innocent of the offense |
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| 23 | 23 | | with which the defendant is charged; and |
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| 24 | 24 | | (4) the conduct described by Subdivision (2) was a |
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| 25 | 25 | | substantial contributing factor to the wrongful conviction of the |
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| 26 | 26 | | defendant. |
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| 27 | 27 | | (c) A person commits an offense if the person: |
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| 28 | 28 | | (1) is a prosecuting attorney; and |
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| 29 | 29 | | (2) intentionally obstructs the exoneration of a |
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| 30 | 30 | | defendant for an offense of which the person knows the defendant was |
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| 31 | 31 | | actually innocent and wrongfully convicted. |
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| 32 | 32 | | (d) An offense under this section is a felony of the second |
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| 33 | 33 | | degree. |
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| 34 | 34 | | (e) If conduct constituting an offense under this section |
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| 35 | 35 | | also constitutes an offense under another section of this code, the |
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| 36 | 36 | | actor may be prosecuted under either section or under both |
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| 37 | 37 | | sections. |
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| 38 | 38 | | SECTION 2. This Act takes effect September 1, 2023. |
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