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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of 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, "attorney representing the state" means a district |
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attorney, criminal district attorney, or county attorney with |
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criminal jurisdiction. |
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(b) An attorney representing the state commits an offense if |
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the attorney, while discharging the attorney's official duties in |
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the prosecution of a criminal case: |
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(1) with intent to deceive and with knowledge of the |
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statement's meaning, makes a false statement of a fact material to |
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the criminal case to the defendant, the attorney representing the |
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defendant, a witness, or the court; |
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(2) makes, presents, or uses any record, document, or |
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other item as evidence with knowledge of its falsity and with intent |
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to affect the course or outcome of the criminal case; |
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(3) with intent to influence the witness, coerces a |
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witness or a prospective witness in the criminal case to: |
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(A) testify falsely; |
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(B) withhold any testimony, information, |
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document, or item; |
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(C) elude legal process summoning the witness to |
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testify or supply evidence; |
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(D) be absent from an official proceeding to |
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which the witness has been legally summoned; or |
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(E) abstain from, discontinue, or delay the |
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prosecution of another; |
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(4) presents facts or evidence in the criminal case |
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that the attorney knows are inadmissible or prohibited by law; |
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(5) engages in conduct prohibited under Article |
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35.261, Code of Criminal Procedure; or |
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(6) engages in conduct in violation of Article 39.14, |
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Code of Criminal Procedure. |
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(c) An offense under Subsection (b)(1) or (2) is a felony of |
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the third degree, except that if the most serious offense charged in |
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the criminal case being prosecuted by the attorney representing the |
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state during the commission of an offense under this section is a |
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higher category, then the offense under Subsection (b)(1) or (2) is |
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the same category as the most serious offense charged in that |
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criminal case. |
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(d) An offense under Subsections (b)(3) through (6) is the |
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same category as the most serious offense charged in the criminal |
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case being prosecuted by the attorney representing the state during |
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the commission of an offense under this section. |
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(e) Notwithstanding Subsection (c) or (d), if the most |
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serious offense charged in the criminal case being prosecuted by |
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the attorney representing the state during the commission of an |
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offense under this section is a capital felony, the offense under |
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this section is a felony of the first degree. |
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(f) If conduct that constitutes an offense under this |
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section also constitutes an offense under any other law, the actor |
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may be prosecuted only under this section. |
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SECTION 2. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 3. This Act takes effect September 1, 2023. |