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A BILL TO BE ENTITLED
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AN ACT
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relating to the disclosure of exculpatory evidence by a prosecutor |
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in a criminal case. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 2.01, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 2.01. DUTIES OF DISTRICT ATTORNEYS. (a) Each district |
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attorney shall represent the State in all criminal cases in the |
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district courts of the [his] district and in appeals from those |
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cases [therefrom], except in cases where the district attorney [he] |
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has been, before [his] election, employed adversely. When any |
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criminal proceeding is had before an examining court in the [his] |
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district or before a judge upon habeas corpus, and the district |
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attorney [he] is notified of the proceeding [same], and is at the |
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time within the [his] district, the district attorney [he] shall |
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represent the State in the proceeding [therein], unless prevented |
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by other official duties. |
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(b) It is [shall be] the primary duty of all prosecuting |
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attorneys, including any special prosecutors, not to convict, but |
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to see that justice is done. A district attorney may [They shall] |
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not suppress evidence that would deprive a defendant of a fair |
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trial. A district attorney has a duty to identify any exculpatory or |
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impeachment evidence that is material to the defendant's guilt or |
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punishment and in the possession of or otherwise known to any peace |
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officer, investigator, or other individual involved in the |
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investigation or prosecution of a case [facts or secrete witnesses
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capable of establishing the innocence of the accused]. |
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SECTION 2. Article 2.02, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 2.02. DUTIES OF COUNTY ATTORNEYS. (a) The county |
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attorney shall attend the terms of court in the [his] county below |
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the grade of district court, and shall represent the State in all |
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criminal cases under examination or prosecution in the [said] |
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county; and in the absence of the district attorney, the county |
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attorney [he] shall represent the State alone and, when requested, |
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shall aid the district attorney in the prosecution of any case in |
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behalf of the State in the district court. The county attorney [He] |
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shall represent the State in cases the county attorney [he] has |
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prosecuted that [which] are appealed. |
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(b) A county attorney may not suppress evidence that would |
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deprive a defendant of a fair trial. A county attorney has a duty to |
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identify any exculpatory or impeachment evidence that is material |
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to the defendant's guilt or punishment and in the possession of or |
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otherwise known to any peace officer, investigator, or other |
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individual involved in the investigation or prosecution of a case. |
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SECTION 3. Article 2.021, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 2.021. DUTIES OF ATTORNEY GENERAL. (a) The attorney |
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general may offer to a county or district attorney the assistance of |
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the attorney general's office in the prosecution of an offense |
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described by Article 60.051(g) the victim of which is younger than |
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17 years of age at the time the offense is committed. On request of |
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a county or district attorney, the attorney general shall assist in |
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the prosecution of an offense described by Article 60.051(g) the |
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victim of which is younger than 17 years of age at the time the |
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offense is committed. For purposes of this article, assistance |
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includes investigative, technical, and litigation assistance of |
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the attorney general's office. |
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(b) The attorney general may not suppress evidence that |
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would deprive a defendant of a fair trial. The attorney general has |
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a duty to identify any exculpatory or impeachment evidence that is |
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material to the defendant's guilt or punishment and in the |
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possession of or otherwise known to any peace officer, |
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investigator, or other individual involved in the investigation or |
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prosecution of a case. |
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SECTION 4. Article 26.13, Code of Criminal Procedure, is |
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amended by adding Subsection (e-1) and amending Subsection (f) to |
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read as follows: |
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(e-1) Before accepting a plea of guilty or a plea of nolo |
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contendere for an offense other than a misdemeanor punishable by |
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fine only, the court shall require the attorney representing the |
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state to affirm in open court that the attorney has: |
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(1) been diligent in identifying any exculpatory or |
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impeachment evidence that is material to the defendant's guilt or |
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punishment and in the possession of or otherwise known to any peace |
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officer, investigator, or other individual involved in the |
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investigation or prosecution of the case; and |
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(2) provided all evidence described by Subdivision (1) |
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to the defendant and the defendant's attorney. |
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(f) The court must substantially comply with Subsections |
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[Subsection] (e) and (e-1) [of this article]. The failure of the |
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court to comply with either subsection [Subsection (e) of this
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article] is not grounds for the defendant to set aside the |
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conviction, sentence, or plea. |
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SECTION 5. Chapter 28, Code of Criminal Procedure, is |
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amended by adding Article 28.15 to read as follows: |
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Art. 28.15. STATEMENT REGARDING EXCULPATORY EVIDENCE |
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REQUIRED. Notwithstanding any other law, not later than 30 days |
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before a trial is scheduled to commence for an offense other than a |
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misdemeanor punishable by fine only, the court shall require the |
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attorney representing the state to affirm in open court that the |
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attorney has: |
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(1) been diligent in identifying any exculpatory or |
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impeachment evidence that is material to the defendant's guilt or |
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punishment and in the possession of or otherwise known to any peace |
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officer, investigator, or other individual involved in the |
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investigation or prosecution of the case; and |
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(2) provided all evidence described by Subdivision (1) |
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to the defendant and the defendant's attorney, regardless of |
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whether the defendant has made a motion under Article 39.14. |
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SECTION 6. The changes in law made by this Act apply only to |
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a criminal proceeding that commences on or after the effective date |
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of this Act. A criminal proceeding that commences before the |
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effective date of this Act is governed by the law in effect on the |
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date the proceeding commences, and the former law is continued in |
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effect for that purpose. |
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SECTION 7. This Act takes effect September 1, 2013. |