Bill Text: TX HB3830 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to certain continuing duties of the state that relate to exculpatory evidence in a criminal case.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-03-29 - Withdrawn from schedule [HB3830 Detail]
Download: Texas-2021-HB3830-Introduced.html
| 87R12162 JRR-F | ||
| By: Collier | H.B. No. 3830 | |
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| relating to certain continuing duties of the state that relate to | ||
| exculpatory evidence in a criminal case. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 2, Code of Criminal Procedure, is | ||
| amended by adding Article 2.026 to read as follows: | ||
| Art. 2.026. CONTINUING DUTY OF STATE TO DISCLOSE | ||
| EXCULPATORY EVIDENCE. Regardless of the date the applicable | ||
| offense was committed, if at any time before, during, or after trial | ||
| or a plea negotiation the state discovers any exculpatory document, | ||
| item, or information in the possession, custody, or control of the | ||
| state, the state shall promptly disclose the existence of the | ||
| document, item, or information to the defendant or the court. This | ||
| duty is in addition to the state's duty to disclose the existence of | ||
| any additional document, item, or information under Article | ||
| 39.14(k). | ||
| SECTION 2. This Act takes effect immediately if it receives | ||
| a vote of two-thirds of all the members elected to each house, as | ||
| provided by Section 39, Article III, Texas Constitution. If this | ||
| Act does not receive the vote necessary for immediate effect, this | ||
| Act takes effect September 1, 2021. | ||
