Texas 2009 - 81st Regular

Texas House Bill HB877 Compare Versions

The same version is selected twice. Please select two different versions to compare.

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	81R3025 KCR-D
2	2	By: Naishtat, Thompson, Gallego, et al. H.B. No. 877
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of a commission to study capital
8	8	punishment in Texas.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 37, Code of Criminal Procedure, is
11	11	amended by adding Article 37.15 to read as follows:
12	12	Art. 37.15. TEXAS CAPITAL PUNISHMENT COMMISSION
13	13	Sec. 1. CREATION. The Texas Capital Punishment Commission
14	14	is created.
15	15	Sec. 2. DUTIES. (a) The commission shall study capital
16	16	punishment in this state, concentrating particularly on:
17	17	(1) addressing issues related to the legal
18	18	representation of indigent inmates in capital cases;
19	19	(2) identifying aspects of the capital punishment
20	20	process that need improving, if any, including the manner in which
21	21	law enforcement agencies and the criminal justice system in this
22	22	state investigate, prosecute, and handle appeals of capital cases
23	23	and the ability of new technologies, including DNA testing, to
24	24	increase the reliability of convictions in capital cases; and
25	25	(3) establishing safeguards that ensure that law
26	26	enforcement agencies and the criminal justice system in this state
27	27	fairly and accurately investigate, prosecute, and handle appeals of
28	28	capital cases.
29	29	(b) In conducting the study under Subsection (a), the
30	30	commission may use the American Bar Association publication, "Death
31	31	Without Justice: A Guide for Examining the Administration of the
32	32	Death Penalty in the United States."
33	33	(c) After completing the study, the commission shall
34	34	propose legislation to correct any inequities in the capital
35	35	punishment process in this state. Legislation proposed under this
36	36	subsection must be designed to ensure that the application and
37	37	administration of capital punishment in this state are just, fair,
38	38	and accurate.
39	39	Sec. 3. COMPOSITION. (a) The commission is composed of the
40	40	following 11 members:
41	41	(1) the executive director of the Texas District and
42	42	County Attorneys Association or the executive director's designee;
43	43	(2) the executive director of the Texas Criminal
44	44	Defense Lawyers Association or the executive director's designee;
45	45	(3) the executive director of Justice for All or the
46	46	executive director's designee;
47	47	(4) the executive director of Murder Victims' Families
48	48	for Reconciliation or the executive director's designee;
49	49	(5) two members appointed by the governor;
50	50	(6) two members appointed by the lieutenant governor,
51	51	one of whom must be a former appellate level judge recommended by
52	52	the Texas Judicial Council;
53	53	(7) one member appointed by the speaker of the house of
54	54	representatives;
55	55	(8) one member appointed by the dean of the law school
56	56	at The University of Texas at Austin; and
57	57	(9) one member appointed by the dean of the law school
58	58	at Texas Tech University.
59	59	(b) Each member of the commission must be generally
60	60	experienced in criminal justice matters.
61	61	(c) Each appointed member serves at the pleasure of the
62	62	official by whom the member is appointed.
63	63	(d) The governor shall designate a member to serve as
64	64	presiding officer.
65	65	Sec. 4. REIMBURSEMENT. A member of the commission may not
66	66	receive compensation but is entitled to reimbursement for the
67	67	member's travel expenses as provided by Chapter 660, Government
68	68	Code, and the General Appropriations Act.
69	69	Sec. 5. ASSISTANCE. The Texas Legislative Council and the
70	70	Legislative Budget Board shall assist the commission in performing
71	71	the commission's duties.
72	72	Sec. 6. SUBMISSION. The commission shall submit the
73	73	proposed legislation described by Section 2(c) to the lieutenant
74	74	governor and the speaker of the house of representatives not later
75	75	than January 1, 2011.
76	76	Sec. 7. INITIAL APPOINTMENTS. The governor, the lieutenant
77	77	governor, the speaker of the house of representatives, and the
78	78	deans of the law schools at The University of Texas at Austin and
79	79	Texas Tech University shall make the appointments to the commission
80	80	not later than the 31st day after the effective date of this
81	81	article.
82	82	Sec. 8. OTHER LAW. The commission is not subject to Chapter
83	83	2110, Government Code.
84	84	Sec. 9. ABOLITION. The commission is abolished on January
85	85	1, 2011, and this article expires on that date.
86	86	SECTION 2. This Act takes effect September 1, 2009.