Bill Text: TX HB2527 | 2023-2024 | 88th Legislature | Introduced

Texas House Bill 2527

Introduced

Bill Title: Relating to the duty of an attorney representing the state to disclose certain information regarding a defendant convicted of an offense.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2023-03-13 - Referred to Criminal Jurisprudence [HB2527 Detail]

Download: Texas-2023-HB2527-Introduced.html

	88R10185 TSS-D

	By: Dutton	H.B. No. 2527



	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.