Bill Text: TX HB3247 | 2023-2024 | 88th Legislature | Comm Sub
Bill Title: Relating to creating the criminal offense of prosecutorial misconduct.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-05-08 - Committee report sent to Calendars [HB3247 Detail]
Download: Texas-2023-HB3247-Comm_Sub.html
88R10835 JCG-F | ||
By: Cain | H.B. No. 3247 |
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relating to creating the criminal offense of prosecutorial | ||
misconduct. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 39, Penal Code, is amended by adding | ||
Section 39.08 to read as follows: | ||
Sec. 39.08. PROSECUTORIAL MISCONDUCT. (a) In this | ||
section, "prosecuting attorney" means an attorney who represents | ||
the state in a criminal action. | ||
(b) A person commits an offense if: | ||
(1) the person is a prosecuting attorney or working on | ||
behalf of a prosecuting attorney in a criminal action; | ||
(2) the person intentionally destroys, withholds from | ||
the defendant, or otherwise fails to disclose to the defendant | ||
information that the attorney or person is required to disclose | ||
under Article 39.14(h), Code of Criminal Procedure; | ||
(3) the defendant is actually innocent of the offense | ||
with which the defendant is charged; and | ||
(4) the conduct described by Subdivision (2) was a | ||
substantial contributing factor to the wrongful conviction of the | ||
defendant. | ||
(c) A person commits an offense if the person: | ||
(1) is a prosecuting attorney; and | ||
(2) intentionally obstructs the exoneration of a | ||
defendant for an offense of which the person knows the defendant was | ||
actually innocent and wrongfully convicted. | ||
(d) An offense under this section is a felony of the second | ||
degree. | ||
(e) If conduct constituting an offense under this section | ||
also constitutes an offense under another section of this code, the | ||
actor may be prosecuted under either section or under both | ||
sections. | ||
SECTION 2. This Act takes effect September 1, 2023. |