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A BILL TO BE ENTITLED
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AN ACT
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relating to creating the criminal offense of prosecutorial |
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misconduct. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 39, Penal Code, is amended by adding |
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Section 39.08 to read as follows: |
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Sec. 39.08. PROSECUTORIAL MISCONDUCT. (a) In this |
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section, "prosecuting attorney" means an attorney who represents |
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the state in a criminal action. |
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(b) A person commits an offense if: |
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(1) the person is a prosecuting attorney or working on |
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behalf of a prosecuting attorney in a criminal action; |
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(2) the person intentionally destroys, withholds from |
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the defendant, or otherwise fails to disclose to the defendant |
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information that the attorney or person is required to disclose |
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under Article 39.14(h), Code of Criminal Procedure; |
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(3) the defendant is actually innocent of the offense |
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with which the defendant is charged; and |
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(4) the conduct described by Subdivision (2) was a |
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substantial contributing factor to the wrongful conviction of the |
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defendant. |
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(c) A person commits an offense if the person: |
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(1) is a prosecuting attorney; and |
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(2) intentionally obstructs the exoneration of a |
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defendant for an offense of which the person knows the defendant was |
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actually innocent and wrongfully convicted. |
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(d) An offense under this section is a felony of the second |
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degree. |
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(e) If conduct constituting an offense under this section |
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also constitutes an offense under another section of this code, the |
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actor may be prosecuted under either section or under both |
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sections. |
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SECTION 2. This Act takes effect September 1, 2023. |