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A BILL TO BE ENTITLED
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AN ACT
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relating to certain continuing duties of the state that relate to |
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exculpatory 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. Chapter 2, Code of Criminal Procedure, is |
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amended by adding Article 2.026 to read as follows: |
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Art. 2.026. CONTINUING DUTY OF STATE TO DISCLOSE |
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EXCULPATORY EVIDENCE. Regardless of the date the applicable |
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offense was committed, if at any time before, during, or after trial |
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or a plea negotiation the state discovers any exculpatory document, |
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item, or information in the possession, custody, or control of the |
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state, the state shall promptly disclose the existence of the |
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document, item, or information to the defendant or the court. This |
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duty is in addition to the state's duty to disclose the existence of |
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any additional document, item, or information under Article |
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39.14(k). |
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SECTION 2. 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, 2021. |