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AN ACT
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relating to continuing legal education in ethics or professional |
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responsibility for prosecutors. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 41, Government Code, is |
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amended by adding Section 41.111 to read as follows: |
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Sec. 41.111. TRAINING RELATED TO PROSECUTING ATTORNEY'S |
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DUTY TO DISCLOSE EXCULPATORY AND MITIGATING EVIDENCE. (a) Each |
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attorney representing the state in the prosecution of felony and |
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misdemeanor criminal offenses other than Class C misdemeanors shall |
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complete a course of study relating to the duty of a prosecuting |
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attorney to disclose exculpatory and mitigating evidence in a |
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criminal case. |
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(b) The court of criminal appeals shall adopt rules relating |
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to the training required by Subsection (a). In adopting the rules, |
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the court shall consult with a statewide association of prosecuting |
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attorneys in the development, provision, and documentation of the |
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required training. |
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(c) The rules must: |
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(1) require that each attorney, within 180 days of |
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assuming duties as an attorney representing the state described in |
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Subsection (a), shall receive one hour of instruction relating to |
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the duty of a prosecuting attorney to disclose exculpatory and |
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mitigating evidence in a criminal matter; |
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(2) require additional training on a schedule or at a |
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time as determined by the court; |
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(3) provide that the required training be specific |
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with respect to a prosecuting attorney's duties regarding the |
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disclosure of exculpatory and mitigating evidence in a criminal |
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case, and must be consistent with case law and the Texas |
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Disciplinary Rules of Professional Conduct; and |
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(4) provide for a method of certifying the completion |
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of the training described in Subdivisions (1) and (2). |
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SECTION 2. (a) The court of criminal appeals shall adopt |
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rules required by Section 41.111, Government Code, as added by this |
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Act, not later than January 1, 2014. |
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(b) A person who on January 1, 2014, is serving as an |
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attorney representing the state as described in Section 41.111(a), |
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Government Code, as added by this Act, must comply with the training |
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requirements of this section not later than January 1, 2015. |
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SECTION 3. This Act takes effect January 1, 2014. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1847 was passed by the House on May 8, |
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2013, by the following vote: Yeas 146, Nays 1, 2 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 1847 on May 24, 2013, by the following vote: Yeas 142, Nays 1, |
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1 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1847 was passed by the Senate, with |
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amendments, on May 22, 2013, by the following vote: Yeas 31, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |