| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the disclosure of certain information and evidence by a |
|
|
prosecutor in a criminal case. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Article 2.01, Code of Criminal Procedure, is |
|
|
amended to read as follows: |
|
|
Art. 2.01. DUTIES OF DISTRICT ATTORNEYS. (a) Each district |
|
|
attorney shall represent the State in all criminal cases in the |
|
|
district courts of the [his] district and in appeals from those |
|
|
cases [therefrom], except in cases where the district attorney [he] |
|
|
has been, before [his] election, employed adversely. When any |
|
|
criminal proceeding is had before an examining court in the [his] |
|
|
district or before a judge upon habeas corpus, and the district |
|
|
attorney [he] is notified of the proceeding [same], and is at the |
|
|
time within the [his] district, the district attorney [he] shall |
|
|
represent the State in the proceeding [therein], unless prevented |
|
|
by other official duties. |
|
|
(b) It is [shall be] the primary duty of all prosecuting |
|
|
attorneys, including any special prosecutors, not to convict, but |
|
|
to see that justice is done. A district attorney may [They shall] |
|
|
not suppress evidence that would deprive a defendant of a fair |
|
|
trial. A district attorney has a duty to identify any information or |
|
|
evidence that tends to negate the defendant's guilt or mitigate the |
|
|
punishment for the offense and that is in the possession, custody, |
|
|
or control of the State [facts or secrete witnesses capable of
|
|
|
establishing the innocence of the accused]. |
|
|
SECTION 2. Article 2.02, Code of Criminal Procedure, is |
|
|
amended to read as follows: |
|
|
Art. 2.02. DUTIES OF COUNTY ATTORNEYS. (a) The county |
|
|
attorney shall attend the terms of court in the [his] county below |
|
|
the grade of district court, and shall represent the State in all |
|
|
criminal cases under examination or prosecution in the [said] |
|
|
county; and in the absence of the district attorney, the county |
|
|
attorney [he] shall represent the State alone and, when requested, |
|
|
shall aid the district attorney in the prosecution of any case in |
|
|
behalf of the State in the district court. The county attorney [He] |
|
|
shall represent the State in cases the county attorney [he] has |
|
|
prosecuted that [which] are appealed. |
|
|
(b) A county attorney may not suppress evidence that would |
|
|
deprive a defendant of a fair trial. A county attorney has a duty to |
|
|
identify any information or evidence that tends to negate the |
|
|
defendant's guilt or mitigate the punishment for the offense and |
|
|
that is in the possession, custody, or control of the State. |
|
|
SECTION 3. Article 2.021, Code of Criminal Procedure, is |
|
|
amended to read as follows: |
|
|
Art. 2.021. DUTIES OF ATTORNEY GENERAL. (a) The attorney |
|
|
general may offer to a county or district attorney the assistance of |
|
|
the attorney general's office in the prosecution of an offense |
|
|
described by Article 60.051(g) the victim of which is younger than |
|
|
17 years of age at the time the offense is committed. On request of |
|
|
a county or district attorney, the attorney general shall assist in |
|
|
the prosecution of an offense described by Article 60.051(g) the |
|
|
victim of which is younger than 17 years of age at the time the |
|
|
offense is committed. For purposes of this article, assistance |
|
|
includes investigative, technical, and litigation assistance of |
|
|
the attorney general's office. |
|
|
(b) The attorney general may not suppress evidence that |
|
|
would deprive a defendant of a fair trial. The attorney general has |
|
|
a duty to identify any information or evidence that tends to negate |
|
|
the defendant's guilt or mitigate the punishment for the offense |
|
|
and that is in the possession, custody, or control of the State. |
|
|
SECTION 4. Article 26.13, Code of Criminal Procedure, is |
|
|
amended by adding Subsection (e-1) and amending Subsection (f) to |
|
|
read as follows: |
|
|
(e-1) Before accepting a plea of guilty or a plea of nolo |
|
|
contendere for an offense other than a misdemeanor punishable by |
|
|
fine only, the court shall require the attorney representing the |
|
|
state to affirm in open court that the attorney has: |
|
|
(1) been diligent in identifying any information or |
|
|
evidence that tends to negate the defendant's guilt or mitigate the |
|
|
punishment for the offense and that is in the possession, custody, |
|
|
or control of the state; and |
|
|
(2) provided all information and evidence described by |
|
|
Subdivision (1) to the defendant and the defendant's attorney |
|
|
before reaching a plea agreement or responding to notice of a |
|
|
defendant's intent to enter a plea of guilty or a plea of nolo |
|
|
contendere. |
|
|
(f) The court must substantially comply with Subsections |
|
|
[Subsection] (e) and (e-1) [of this article]. The failure of the |
|
|
court to comply with either subsection [Subsection (e) of this
|
|
|
article] is not grounds for the defendant to set aside the |
|
|
conviction, sentence, or plea. |
|
|
SECTION 5. Chapter 28, Code of Criminal Procedure, is |
|
|
amended by adding Article 28.15 to read as follows: |
|
|
Art. 28.15. STATEMENT REGARDING INFORMATION OR EVIDENCE |
|
|
FAVORABLE TO DEFENDANT. Notwithstanding any other law, before a |
|
|
trial is scheduled to commence for an offense other than a |
|
|
misdemeanor punishable by fine only, the court shall require the |
|
|
attorney representing the state to affirm in open court that the |
|
|
attorney has: |
|
|
(1) been diligent in identifying any information or |
|
|
evidence that tends to negate the defendant's guilt or mitigate the |
|
|
punishment for the offense and that is in the possession, custody, |
|
|
or control of the state; and |
|
|
(2) provided all information and evidence described by |
|
|
Subdivision (1) to the defendant and the defendant's attorney, |
|
|
regardless of whether the defendant has made a motion under Article |
|
|
39.14. |
|
|
SECTION 6. The changes in law made by this Act apply only to |
|
|
a criminal proceeding that commences on or after the effective date |
|
|
of this Act. A criminal proceeding that commences before the |
|
|
effective date of this Act is governed by the law in effect on the |
|
|
date the proceeding commences, and the former law is continued in |
|
|
effect for that purpose. |
|
|
SECTION 7. This Act takes effect September 1, 2013. |