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A BILL TO BE ENTITLED
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AN ACT
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relating to certain ongoing duties of an attorney representing the |
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state that relate to exculpatory, impeachment, or mitigating |
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evidence 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 39.14(k), Code of Criminal Procedure, is |
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transferred to Chapter 2, Code of Criminal Procedure, redesignated |
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as Article 2.026, Code of Criminal Procedure, and amended to read as |
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follows: |
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Art. 2.026. ONGOING DUTY OF ATTORNEY REPRESENTING THE STATE |
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TO DISCLOSE EXCULPATORY, IMPEACHMENT, OR MITIGATING EVIDENCE. |
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[(k)] If at any time before, during, or after trial the attorney |
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representing the state discovers any exculpatory, impeachment, or |
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mitigating [additional] document, item, or information in the |
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possession, custody, or control of the state that tends to negate |
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the guilt of the defendant or would tend to reduce the punishment |
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for the offense charged [required to be disclosed under Subsection
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(h)], the attorney representing the state shall promptly disclose |
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the existence of the document, item, or information to the |
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defendant or the court. |
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SECTION 2. The change in law made by this Act applies to |
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exculpatory, impeachment, or mitigating evidence described by |
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Article 2.026, Code of Criminal Procedure, as transferred, |
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redesignated, and amended by this Act, that relates to a criminal |
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charge for an offense committed before, on, or after the effective |
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date of this Act. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2019. |