HB 2539
AN ACT relating to creating the criminal offense of prosecutorial
89th Regular Session
Jan 14, 2025 - Jun 2, 2025 • Session ended
Awaiting Committee Assignment
Bill filed, pending referral to House committee
Committee
Not yet assigned
Fiscal Note
Not available
What This Bill Does
Creates a criminal offense for prosecutorial misconduct, specifically targeting prosecutors who intentionally withhold or destroy evidence that leads to the wrongful conviction of an actually innocent defendant. Under this law, prosecutors who knowingly obstruct an innocent person's exoneration or fail to disclose required information can be charged with a second-degree felony. The legislation aims to hold prosecutors accountable for actions that result in wrongful convictions and provide a legal mechanism to address prosecutorial misconduct.
Bill Text
relating to creating the criminal offense of prosecutorial 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 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 (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 (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 SECTION 2. This Act takes effect September 1, 2025.
Bill History
Bill filed: AN ACT relating to creating the criminal offense of prosecutorial
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