81R170 HLT-D
By: Ellis S.B. No. 115
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. TEXAS INNOCENCE COMMISSION
Sec. 1. CREATION. The Texas Innocence Commission is
created.
Sec. 2. COMPOSITION. (a) The commission is composed of
nine members. The governor shall appoint two members, one of whom
must be a dean of a law school and one of whom must be a law
enforcement officer. The lieutenant governor shall appoint one
member, who may be a member of the legislature. The speaker of the
house of representatives shall appoint one member, who may be a
member of the legislature. The presiding judge of the court of
criminal appeals shall appoint one member, who must be a member of
the judiciary. The presiding officer of the Texas Forensic Science
Commission shall appoint one member, who must work in the forensic
science field. The Texas District and County Attorneys Association
shall appoint one member, who must be a prosecuting attorney. The
Texas Criminal Defense Lawyers Association shall appoint one
member, who must be a criminal defense lawyer. The president of the
Texas Center for Actual Innocence at The University of Texas School
of Law, the director of the innocence project at the University of
Houston Law Center, or the director of the innocence project at the
Texas Tech University School of Law, on a rotating basis, shall
appoint one member, who must be an attorney with experience in
filing successful appellate claims based on actual innocence.
(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 postconviction 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.
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 or executions.
(b) The report shall be made available to the public on
request.
(c) The findings and recommendations contained in the
report may not be used as binding evidence in a subsequent civil or
criminal proceeding.
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. 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. 7. ASSISTANCE. The Texas Legislative Council, the
Legislative Budget Board, and The University of Texas at Austin
shall assist the commission in performing the commission's duties.
Sec. 8. OTHER LAW. The commission is not subject to Chapter
2110, Government Code.
SECTION 2. (a) The purpose of this section is to establish
the rotating basis for appointments by law schools as required by
Section 2, Article 43.27, Code of Criminal Procedure, as added by
this Act.
(b) The president of the Texas Center for Actual Innocence
at The University of Texas School of Law shall make the first
appointment under Section 2, Article 43.27, Code of Criminal
Procedure, as added by this Act. After the expiration of the
appointee's two-year term, the director of the innocence project at
the University of Houston Law Center shall make the second
appointment under Section 2, Article 43.27, Code of Criminal
Procedure, as added by this Act. After the expiration of the second
appointment, the director of the innocence project at the Texas
Tech University School of Law shall make the third appointment.
SECTION 3. The appointments to the Texas Innocence
Commission as required by Article 43.27, Code of Criminal
Procedure, as added by this Act, shall be made not later than the
60th day after the effective date of this Act.
SECTION 4. This Act takes effect September 1, 2009.