| 1 | 1 | | 88R11311 CJD-D |
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| 2 | 2 | | By: Jones of Harris H.B. No. 3677 |
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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 creation of 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, "attorney representing the state" means a district |
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| 14 | 14 | | attorney, criminal district attorney, or county attorney with |
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| 15 | 15 | | criminal jurisdiction. |
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| 16 | 16 | | (b) An attorney representing the state commits an offense if |
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| 17 | 17 | | the attorney, while discharging the attorney's official duties in |
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| 18 | 18 | | the prosecution of a criminal case: |
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| 19 | 19 | | (1) with intent to deceive and with knowledge of the |
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| 20 | 20 | | statement's meaning, makes a false statement of a fact material to |
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| 21 | 21 | | the criminal case to the defendant, the attorney representing the |
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| 22 | 22 | | defendant, a witness, or the court; |
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| 23 | 23 | | (2) makes, presents, or uses any record, document, or |
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| 24 | 24 | | other item as evidence with knowledge of its falsity and with intent |
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| 25 | 25 | | to affect the course or outcome of the criminal case; |
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| 26 | 26 | | (3) with intent to influence the witness, coerces a |
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| 27 | 27 | | witness or a prospective witness in the criminal case to: |
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| 28 | 28 | | (A) testify falsely; |
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| 29 | 29 | | (B) withhold any testimony, information, |
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| 30 | 30 | | document, or item; |
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| 31 | 31 | | (C) elude legal process summoning the witness to |
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| 32 | 32 | | testify or supply evidence; |
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| 33 | 33 | | (D) be absent from an official proceeding to |
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| 34 | 34 | | which the witness has been legally summoned; or |
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| 35 | 35 | | (E) abstain from, discontinue, or delay the |
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| 36 | 36 | | prosecution of another; |
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| 37 | 37 | | (4) presents facts or evidence in the criminal case |
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| 38 | 38 | | that the attorney knows are inadmissible or prohibited by law; |
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| 39 | 39 | | (5) engages in conduct prohibited under Article |
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| 40 | 40 | | 35.261, Code of Criminal Procedure; or |
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| 41 | 41 | | (6) engages in conduct in violation of Article 39.14, |
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| 42 | 42 | | Code of Criminal Procedure. |
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| 43 | 43 | | (c) An offense under Subsection (b)(1) or (2) is a felony of |
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| 44 | 44 | | the third degree, except that if the most serious offense charged in |
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| 45 | 45 | | the criminal case being prosecuted by the attorney representing the |
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| 46 | 46 | | state during the commission of an offense under this section is a |
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| 47 | 47 | | higher category, then the offense under Subsection (b)(1) or (2) is |
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| 48 | 48 | | the same category as the most serious offense charged in that |
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| 49 | 49 | | criminal case. |
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| 50 | 50 | | (d) An offense under Subsections (b)(3) through (6) is the |
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| 51 | 51 | | same category as the most serious offense charged in the criminal |
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| 52 | 52 | | case being prosecuted by the attorney representing the state during |
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| 53 | 53 | | the commission of an offense under this section. |
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| 54 | 54 | | (e) Notwithstanding Subsection (c) or (d), if the most |
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| 55 | 55 | | serious offense charged in the criminal case being prosecuted by |
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| 56 | 56 | | the attorney representing the state during the commission of an |
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| 57 | 57 | | offense under this section is a capital felony, the offense under |
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| 58 | 58 | | this section is a felony of the first degree. |
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| 59 | 59 | | (f) If conduct that constitutes an offense under this |
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| 60 | 60 | | section also constitutes an offense under any other law, the actor |
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| 61 | 61 | | may be prosecuted only under this section. |
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| 62 | 62 | | SECTION 2. The change in law made by this Act applies only |
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| 63 | 63 | | to an offense committed on or after the effective date of this Act. |
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| 64 | 64 | | An offense committed before the effective date of this Act is |
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| 65 | 65 | | governed by the law in effect on the date the offense was committed, |
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| 66 | 66 | | and the former law is continued in effect for that purpose. For |
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| 67 | 67 | | purposes of this section, an offense was committed before the |
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| 68 | 68 | | effective date of this Act if any element of the offense occurred |
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| 69 | 69 | | before that date. |
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| 70 | 70 | | SECTION 3. This Act takes effect September 1, 2023. |
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