89R1033 JCG-F     By: Cain H.B. No. 2539       A BILL TO BE ENTITLED   AN ACT   relating to creating the criminal offense of prosecutorial   misconduct.          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   defendant.          (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   degree.          (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   sections.          SECTION 2.  This Act takes effect September 1, 2025.