By: McClendon, Thompson, Gallego, Hodge, H.B. No. 498
Pierson, et al.
A BILL TO BE ENTITLED
AN ACT
relating to the creation of a commission to investigate and prevent
wrongful convictions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 43, Code of Criminal Procedure, is
amended by adding Article 43.27 to read as follows:
Art. 43.27. TIMOTHY COLE INNOCENCE COMMISSION
Sec. 1. CREATION. The Timothy Cole Innocence Commission is
created.
Sec. 2. COMPOSITION. (a) The commission is composed of the
following nine members:
(1) two members appointed by the governor, one of whom
must be a dean of a law school and one of whom must be a law
enforcement officer;
(2) one member appointed by the attorney general, who
must be an attorney who represents the state in the prosecution of
felonies;
(3) one member appointed by the chair of the criminal
justice committee of the senate, who may be a member of the
legislature;
(4) one member appointed by the chair of the criminal
jurisprudence committee of the house of representatives, who may be
a member of the legislature;
(5) one member appointed by the chief justice of the
supreme court, who must be a member of the judiciary;
(6) two members appointed by the chancellor of the
Texas Tech University System, one of whom must be a law professor
and one of whom must work in the forensic science field; and
(7) one member appointed by the Texas Criminal Defense
Lawyers Association, who must be a criminal defense lawyer.
(b) Each member serves a two-year term.
(c) The governor shall designate a member to serve as
presiding officer.
Sec. 3. DUTIES. (a) The commission shall investigate
thoroughly all post-conviction exonerations, including convictions
vacated based on a plea to time served, to:
(1) ascertain errors and defects in the criminal
procedure used to prosecute the defendant's case at issue;
(2) identify errors and defects in the criminal
justice process in this state generally;
(3) develop solutions and methods to correct the
identified errors and defects; and
(4) identify procedures and programs to prevent future
wrongful convictions.
(b) The commission may enter into contracts for research
services as considered necessary to complete the investigation of a
particular case, including forensic testing and autopsies.
(c) The commission may administer oaths and issue
subpoenas, signed by the presiding officer, to compel the
production of documents and the attendance of witnesses as
considered necessary to conduct a thorough investigation. A
subpoena of the commission shall be served by a peace officer in the
manner in which district court subpoenas are served. On
application of the commission, a district court of Travis County
shall compel compliance with the subpoena in the same manner as for
district court subpoenas.
Sec. 4. REPORT. (a) The commission shall compile a
detailed annual report of its findings and recommendations,
including any proposed legislation to implement procedures and
programs to prevent future wrongful convictions.
(b) The report shall be made available to the public on
request.
Sec. 5. SUBMISSION. The commission shall submit the report
described by Section 4 to the governor, the lieutenant governor,
and the speaker of the house of representatives not later than
December 1 of each even-numbered year.
Sec. 6. RESPONSE. Not later than the 60th day after the
date of receipt of the report required by this article, the
governor, lieutenant governor, and speaker of the house of
representatives shall, singly or jointly, issue a formal written
response to the findings and recommendations of the commission.
Sec. 7. REIMBURSEMENT. A member of the commission is not
entitled to compensation but is entitled to reimbursement for the
member's travel expenses as provided by Chapter 660, Government
Code, and the General Appropriations Act.
Sec. 8. ASSISTANCE. The Texas Legislative Council, the
Legislative Budget Board, and the Texas Tech University System
shall assist the commission in performing the commission's duties.
Sec. 9. OTHER LAW. The commission is not subject to Chapter
2110, Government Code.
SECTION 2. The appointments to the Timothy Cole Innocence
Commission as required by Article 43.27, Code of Criminal
Procedure, as added by this Act, shall be made not later than
November 1, 2009.
SECTION 3. This Act takes effect September 1, 2009.