| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the duty of an attorney representing the state to |
|
|
disclose certain information regarding a defendant convicted of an |
|
|
offense. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Article 39.14, Code of Criminal Procedure, is |
|
|
amended by adding Subsection (k-1) to read as follows: |
|
|
(k-1) In addition to any disclosure required under |
|
|
Subsections (h) and (k), an attorney representing the state who |
|
|
develops probable cause to believe that a convicted defendant did |
|
|
not commit the offense for which the defendant was convicted based |
|
|
on credible information discovered by the attorney after the |
|
|
conviction shall: |
|
|
(1) if the defendant was convicted of an offense in the |
|
|
attorney's jurisdiction: |
|
|
(A) disclose the information to the defendant, |
|
|
any attorney representing the defendant, and the court in which the |
|
|
defendant was convicted; |
|
|
(B) for a defendant not represented by an |
|
|
attorney, submit a motion to the court in which the defendant was |
|
|
convicted requesting a hearing to determine whether the defendant |
|
|
is eligible for appointed counsel under Article 1.051(d); and |
|
|
(C) provide to the attorney representing the |
|
|
defendant any additional information known by the attorney |
|
|
representing the state that may be relevant to an appellate |
|
|
proceeding for the defendant; or |
|
|
(2) if the defendant was convicted of an offense in a |
|
|
jurisdiction other than the jurisdiction of the attorney |
|
|
representing the state who develops the probable cause, promptly |
|
|
disclose the information to an attorney representing the state in |
|
|
that jurisdiction. |
|
|
SECTION 2. Section 81.024, Government Code, is amended by |
|
|
adding Subsection (c) to read as follows: |
|
|
(c) If the supreme court adopts the Texas Disciplinary Rules |
|
|
of Professional Conduct under Subsection (b), the rules must |
|
|
provide that a violation of Article 39.14(k-1), Code of Criminal |
|
|
Procedure, if committed in bad faith, is a violation of the Texas |
|
|
Disciplinary Rules of Professional Conduct. An attorney who |
|
|
violates that rule is subject to discipline under Subchapter E. |
|
|
SECTION 3. As soon as practicable after the effective date |
|
|
of this Act, the Texas Supreme Court shall adopt rules as required |
|
|
by Section 81.024(c), Government Code, as added by this Act. |
|
|
SECTION 4. This Act takes effect September 1, 2023. |