Texas 2009 - 81st Regular

Texas House Bill HB498 Compare Versions

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Old	New	Differences
1	1	H.B. No. 498
2	2
3	3
4	4	AN ACT
5	5	relating to the establishment of an advisory panel to assist with a
6	6	study regarding the prevention of wrongful convictions.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. (a) The Timothy Cole advisory panel on wrongful
9	9	convictions is established to assist the Task Force on Indigent
10	10	Defense established under Subchapter D, Chapter 71, Government
11	11	Code, in conducting a study and preparing a report regarding the
12	12	prevention of wrongful convictions as provided by this section.
13	13	(b) The advisory panel is composed of the following members:
14	14	(1) the director of the Task Force on Indigent
15	15	Defense;
16	16	(2) the chair of the criminal justice committee of the
17	17	senate or a member of the senate designated by the chair;
18	18	(3) the chair of the jurisprudence committee of the
19	19	senate or a member of the senate designated by the chair;
20	20	(4) the chair of the criminal jurisprudence committee
21	21	of the house of representatives or a member of the house of
22	22	representatives designated by the chair;
23	23	(5) the chair of the corrections committee of the
24	24	house of representatives or a member of the house of
25	25	representatives designated by the chair;
26	26	(6) the executive director of the Texas Criminal
27	27	Defense Lawyers Association or a representative designated by the
28	28	executive director;
29	29	(7) the president of the Texas District and County
30	30	Attorneys Association or a representative designated by the
31	31	president;
32	32	(8) the presiding judge of the court of criminal
33	33	appeals or a representative who is designated by the presiding
34	34	judge and who is a judge of the court of criminal appeals;
35	35	(9) one representative of a public law school in this
36	36	state, chosen by the deans of the public law schools in this state;
37	37	and
38	38	(10) one employee of the office of the governor,
39	39	appointed by the governor.
40	40	(c) The director of the Task Force on Indigent Defense is
41	41	the presiding officer of the advisory panel. The advisory panel
42	42	shall meet at the call of the presiding officer but not less than
43	43	three times in person and as needed by telephone conference call.
44	44	(d) The Task Force on Indigent Defense, with the advice and
45	45	assistance of the advisory panel, shall conduct a study regarding:
46	46	(1) the causes of wrongful convictions;
47	47	(2) procedures and programs that may be implemented to
48	48	prevent future wrongful convictions;
49	49	(3) the effects of state law on wrongful convictions,
50	50	as determined based on state statutes regarding eyewitness
51	51	identification procedures, the recording of custodial
52	52	interrogations, postconviction DNA testing, and writs of habeas
53	53	corpus based on relevant scientific evidence; and
54	54	(4) whether the creation of an innocence commission to
55	55	investigate wrongful convictions would be appropriate.
56	56	(e) The Task Force on Indigent Defense may request that an
57	57	entity in the legislative, judicial, or executive branch of state
58	58	government or a political subdivision provide to the advisory panel
59	59	information related to the advisory panel's duties under this
60	60	section. On the request of the Task Force on Indigent Defense under
61	61	this subsection, an entity may provide information to the advisory
62	62	panel unless the entity is otherwise prohibited from disclosing the
63	63	information.
64	64	(f) Not later than January 1, 2011, the Task Force on
65	65	Indigent Defense shall prepare a report regarding the results of
66	66	the study conducted under this section and submit the report, after
67	67	consulting with the advisory panel, to the governor, the lieutenant
68	68	governor, the speaker of the house of representatives, and the
69	69	standing committees of each house of the legislature with a
70	70	representative serving on the advisory panel.
71	71	(g) This section expires January 1, 2011.
72	72	SECTION 2. This Act takes effect September 1, 2009.
73	73	______________________________ ______________________________
74	74	President of the Senate Speaker of the House
75	75	I certify that H.B. No. 498 was passed by the House on May 15,
76	76	2009, by the following vote: Yeas 87, Nays 51, 2 present, not
77	77	voting; that the House refused to concur in Senate amendments to
78	78	H.B. No. 498 on May 29, 2009, and requested the appointment of a
79	79	conference committee to consider the differences between the two
80	80	houses; and that the House adopted the conference committee report
81	81	on H.B. No. 498 on May 31, 2009, by the following vote: Yeas 89,
82	82	Nays 56, 1 present, not voting.
83	83	______________________________
84	84	Chief Clerk of the House
85	85	I certify that H.B. No. 498 was passed by the Senate, with
86	86	amendments, on May 27, 2009, by the following vote: Yeas 28, Nays
87	87	3; at the request of the House, the Senate appointed a conference
88	88	committee to consider the differences between the two houses; and
89	89	that the Senate adopted the conference committee report on H.B. No.
90	90	498 on May 31, 2009, by the following vote: Yeas 27, Nays 4.
91	91	______________________________
92	92	Secretary of the Senate
93	93	APPROVED: __________________
94	94	Date
95	95	__________________
96	96	Governor