88R11311 CJD-D
By: Jones of Harris H.B. No. 3677
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the criminal offense of prosecutorial
misconduct.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 39, Penal Code, is amended by adding
Section 39.08 to read as follows:
Sec. 39.08. PROSECUTORIAL MISCONDUCT. (a) In this
section, "attorney representing the state" means a district
attorney, criminal district attorney, or county attorney with
criminal jurisdiction.
(b) An attorney representing the state commits an offense if
the attorney, while discharging the attorney's official duties in
the prosecution of a criminal case:
(1) with intent to deceive and with knowledge of the
statement's meaning, makes a false statement of a fact material to
the criminal case to the defendant, the attorney representing the
defendant, a witness, or the court;
(2) makes, presents, or uses any record, document, or
other item as evidence with knowledge of its falsity and with intent
to affect the course or outcome of the criminal case;
(3) with intent to influence the witness, coerces a
witness or a prospective witness in the criminal case to:
(A) testify falsely;
(B) withhold any testimony, information,
document, or item;
(C) elude legal process summoning the witness to
testify or supply evidence;
(D) be absent from an official proceeding to
which the witness has been legally summoned; or
(E) abstain from, discontinue, or delay the
prosecution of another;
(4) presents facts or evidence in the criminal case
that the attorney knows are inadmissible or prohibited by law;
(5) engages in conduct prohibited under Article
35.261, Code of Criminal Procedure; or
(6) engages in conduct in violation of Article 39.14,
Code of Criminal Procedure.
(c) An offense under Subsection (b)(1) or (2) is a felony of
the third degree, except that if the most serious offense charged in
the criminal case being prosecuted by the attorney representing the
state during the commission of an offense under this section is a
higher category, then the offense under Subsection (b)(1) or (2) is
the same category as the most serious offense charged in that
criminal case.
(d) An offense under Subsections (b)(3) through (6) is the
same category as the most serious offense charged in the criminal
case being prosecuted by the attorney representing the state during
the commission of an offense under this section.
(e) Notwithstanding Subsection (c) or (d), if the most
serious offense charged in the criminal case being prosecuted by
the attorney representing the state during the commission of an
offense under this section is a capital felony, the offense under
this section is a felony of the first degree.
(f) If conduct that constitutes an offense under this
section also constitutes an offense under any other law, the actor
may be prosecuted only under this section.
SECTION 2. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
governed by the law in effect on the date the offense was committed,
and the former law is continued in effect for that purpose. For
purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense occurred
before that date.
SECTION 3. This Act takes effect September 1, 2023.