TX HB2539

Creates a new criminal offense of prosecutorial misconduct under Section 39.08 of the Texas Penal Code

Makes it a crime for a prosecuting attorney or anyone working on their behalf to intentionally destroy, withhold, or fail to disclose required evidence to a defendant who is actually innocent, when such conduct substantially contributes to a wrongful conviction

Establishes a separate offense for prosecuting attorneys who intentionally obstruct the exoneration of a defendant they know was actually innocent and wrongfully convicted

Classifies prosecutorial misconduct as a second degree felony (punishable by 2-20 years in prison and up to $10,000 fine under Texas law)

Allows prosecution under this section and any other applicable section of the Penal Code for the same conduct; effective date is September 1, 2025