88R HB 3247
by Rep. Cain, same lead author · Did not pass · same text
Introduced textLast action, May 8, 2023: Committee report sent to Calendars
Relating to creating the criminal offense of prosecutorial misconduct.
Caption, 88R bill history
HB 2539
Cain Bill Punishes Withheld Evidence, If Defendant Is “Actually Innocent”
Died in committee
Verdict: Smells
SmellsInitial review
Why it's charged
The hole
The withholding offense applies only if the defendant is later shown to be actually innocent and wrongly convicted. Hiding required evidence from a defendant who is guilty, or who is not convicted, falls outside the offense that the caption broadly calls prosecutorial misconduct.
The holeInitial review · graded Oct 20, 2026 · Headline, summary and grade are analysis of the bill text, not a finding about any person · How we grade
Caption
relating to creating the criminal offense of prosecutorial misconduct.
Caption from analyzed text · version I.
Summary
Withholding evidence from a guilty defendant, or one never convicted, falls outside the offense.
The bill makes it a second-degree felony offense for a prosecutor, or someone working for one, to intentionally destroy, withhold, or fail to hand over evidence the defense is legally owed, but only when the defendant is actually innocent and the hidden evidence was a substantial factor in the wrongful conviction. It also makes it an offense for a prosecutor to intentionally block the exoneration of someone the prosecutor knows is innocent and wrongfully convicted. It touches prosecutors and their staff statewide and takes effect September 1, 2025.
Labels
Labels: ZOMBIE BILL. Died 2 times: 88R HB 3247 (Did not pass) and this bill (Died in committee). Checked against 88R only.BACK FROM THE DEAD. Same text as a bill filed before that died: 88R HB 3247 (Did not pass). Filed in 2 sessions, counting this one. Checked against 88R only.TRY NO. 2. Filed in 2 sessions: 88R and 89R. Checked against 88R only.NEVER GOT A HEARING. Filed Feb 6, 2025 and referred to the House Criminal Jurisprudence committee. No public hearing. The bill died.
Receipt
The receipt
89R-HB2539 · 2025-02-06
SOLD BY
ITEM
relating to creating the criminal offense of prosecutorial misconduct.
WHAT IT DOES
Withholding evidence from a guilty defendant, or one never convicted, falls outside the offense.
The bill makes it a second-degree felony offense for a prosecutor, or someone working for one, to intentionally destroy, withhold, or fail to hand over evidence the defense is legally owed, but only when the defendant is actually innocent and the hidden evidence was a substantial factor in the wrongful conviction. It also makes it an offense for a prosecutor to intentionally block the exoneration of someone the prosecutor knows is innocent and wrongfully convicted. It touches prosecutors and their staff statewide and takes effect September 1, 2025.
CHARGES
[x] THE HOLEanalysis confidence 40%
The withholding offense applies only if the defendant is later shown to be actually innocent and wrongly convicted. Hiding required evidence from a defendant who is guilty, or who is not convicted, falls outside the offense that the caption broadly calls prosecutorial misconduct.
TOTAL
No fiscal note in the loaded record.
HISTORY
- Filed
- Read first time
- Referred to Criminal Jurisprudence
FILED UNDER
No verified beat found.
Smells
THANK YOU FOR CHECKING THE RECEIPT
CAMPAIGN PAID FOR BY
CAMPAIGN PAID FOR BY
Donors
Not tied to this bill.
Sources
The author's campaign account only. Own money and internal transfers are separate on the member page.
Derived itemized flow · Oct 28, 2024 to May 28, 2026. State data as of Nov 4, 2026.
Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.
Adam Loewy$7,500.00
Emerson Hankamer$5,205.08
Teans for Lawsuit Reform PAC$5,000.00
Teans for Lawsuit Reform PAC
$5,000.00
- Cash
- $5,000.00
- Paid by others
- $0.00
- Total
- $5,000.00
Also funds 0 other sitting lawmakers.
Derived recipient stock · on Jul 3, 2025. State data as of Nov 4, 2026.
Name match, not a verified identity: normalized filed name and state.
Sources
Derived itemized flow · on Jul 3, 2025. State data as of Nov 4, 2026.
Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.
Report IDs: 101033926.
Missing data does not establish zero giving. Display amounts are rounded.
Teans for Lawsuit Reform PAC
$5,000.00
- Cash
- $5,000.00
- Paid by others
- $0.00
- Total
- $5,000.00
Also funds 0 other sitting lawmakers.
Derived recipient stock · on Jul 3, 2025. State data as of Nov 4, 2026.
Name match, not a verified identity: normalized filed name and state.
Sources
Derived itemized flow · on Jul 3, 2025. State data as of Nov 4, 2026.
Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.
Report IDs: 101033926.
Votes
No floor vote loaded for this bill.
Fiscal
No fiscal note in the loaded record.
How this was graded
Analysis of text version I by claude-opus-5-5, Oct 20, 2026, against the published rubric.
FILED BEFORE
Filed 2 times: 88R and 89R. Checked against 88R only.
Sources
Texas House · Filed Feb 6, 2025
03/17/2025 H Referred to Criminal Jurisprudence: Mar 17 2025 2:32PM
Texas Legislature Online · Introduced
Data snapshot Oct 26, 2026 at 4:19 AM CDT. Grades, charges, quotes and corrections follow the published record.
House committee · Criminal Jurisprudence · Final status: Died in committee
Subjects
Courts--Prosecuting Attorneys
Crimes--Miscellaneous
Criminal Procedure--General
Text
The text as introduced · 256 words
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.