Bill: HB 1717, 87(R) - 2021

Committee

House Criminal Jurisprudence

Vote Recommendation

Vote Recommendation Economic Freedom Property Rights Personal Responsibility Limited Government Individual Liberty
Yes Neutral Neutral Neutral Positive Positive

Author(s)

Senfronia Thompson
Nicole Collier
Jarred Patterson
James White

Co-Author(s)

Penny Morales Shaw
Ron Reynolds

Bill Caption

Relating to the state's continuing duty to disclose exculpatory, impeachment, or mitigating evidence in a criminal case and prohibited retaliation against local assistant prosecutors for discharging that duty.

Fiscal Notes

No significant fiscal implication to the State is anticipated.

Bill Analysis

HB 1717 would expand the continuing duty of the state to disclose additional evidence in a criminal case to apply regardless of the date the offense was committed. Prosecuting attorneys would not be permitted to retaliate against an assistant prosecutor for disclosing evidence that the state is required to disclose. An assistant prosecutor whose employment is terminated for that reason would be able to bring a civil action for injunctive relief, damages, and attorney’s fees and court costs. Assistant prosecutors who are ordered by the prosecuting attorney not to disclose certain evidence would also be permitted to bring the evidence to the court to obtain a determination as to whether they are required to disclose it under the law.

Vote Recommendation Notes

Texas Action supports HB 1717 because it would protect the due process rights of criminal defendants and limit prosecutorial abuse. Prosecuting attorneys should fulfill their obligations to disclose mitigating evidence to the full extent of the law. HB 1717 would protect assistant prosecutors who attempt to follow the law and provide fairness for defendants in their cases.


Source URL (retrieved on 03/28/2024 09:03 AM): http://reports.texasaction.com/bill/87r/hb1717?print_view=true