Texas 2009 - 81st Regular

Texas Senate Bill SB115 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R170 HLT-D
2	2	By: Ellis S.B. No. 115
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 investigate and prevent
8	8	wrongful convictions.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 43, Code of Criminal Procedure, is
11	11	amended by adding Article 43.27 to read as follows:
12	12	Art. 43.27. TEXAS INNOCENCE COMMISSION
13	13	Sec. 1. CREATION. The Texas Innocence Commission is
14	14	created.
15	15	Sec. 2. COMPOSITION. (a) The commission is composed of
16	16	nine members. The governor shall appoint two members, one of whom
17	17	must be a dean of a law school and one of whom must be a law
18	18	enforcement officer. The lieutenant governor shall appoint one
19	19	member, who may be a member of the legislature. The speaker of the
20	20	house of representatives shall appoint one member, who may be a
21	21	member of the legislature. The presiding judge of the court of
22	22	criminal appeals shall appoint one member, who must be a member of
23	23	the judiciary. The presiding officer of the Texas Forensic Science
24	24	Commission shall appoint one member, who must work in the forensic
25	25	science field. The Texas District and County Attorneys Association
26	26	shall appoint one member, who must be a prosecuting attorney. The
27	27	Texas Criminal Defense Lawyers Association shall appoint one
28	28	member, who must be a criminal defense lawyer. The president of the
29	29	Texas Center for Actual Innocence at The University of Texas School
30	30	of Law, the director of the innocence project at the University of
31	31	Houston Law Center, or the director of the innocence project at the
32	32	Texas Tech University School of Law, on a rotating basis, shall
33	33	appoint one member, who must be an attorney with experience in
34	34	filing successful appellate claims based on actual innocence.
35	35	(b) Each member serves a two-year term.
36	36	(c) The governor shall designate a member to serve as
37	37	presiding officer.
38	38	Sec. 3. DUTIES. (a) The commission shall investigate
39	39	thoroughly all postconviction exonerations, including convictions
40	40	vacated based on a plea to time served, to:
41	41	(1) ascertain errors and defects in the criminal
42	42	procedure used to prosecute the defendant's case at issue;
43	43	(2) identify errors and defects in the criminal
44	44	justice process in this state generally;
45	45	(3) develop solutions and methods to correct the
46	46	identified errors and defects; and
47	47	(4) identify procedures and programs to prevent future
48	48	wrongful convictions.
49	49	(b) The commission may enter into contracts for research
50	50	services as considered necessary to complete the investigation of a
51	51	particular case, including forensic testing and autopsies.
52	52	Sec. 4. REPORT. (a) The commission shall compile a
53	53	detailed annual report of its findings and recommendations,
54	54	including any proposed legislation to implement procedures and
55	55	programs to prevent future wrongful convictions or executions.
56	56	(b) The report shall be made available to the public on
57	57	request.
58	58	(c) The findings and recommendations contained in the
59	59	report may not be used as binding evidence in a subsequent civil or
60	60	criminal proceeding.
61	61	Sec. 5. SUBMISSION. The commission shall submit the report
62	62	described by Section 4 to the governor, the lieutenant governor,
63	63	and the speaker of the house of representatives not later than
64	64	December 1 of each even-numbered year.
65	65	Sec. 6. REIMBURSEMENT. A member of the commission is not
66	66	entitled to 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. 7. ASSISTANCE. The Texas Legislative Council, the
70	70	Legislative Budget Board, and The University of Texas at Austin
71	71	shall assist the commission in performing the commission's duties.
72	72	Sec. 8. OTHER LAW. The commission is not subject to Chapter
73	73	2110, Government Code.
74	74	SECTION 2. (a) The purpose of this section is to establish
75	75	the rotating basis for appointments by law schools as required by
76	76	Section 2, Article 43.27, Code of Criminal Procedure, as added by
77	77	this Act.
78	78	(b) The president of the Texas Center for Actual Innocence
79	79	at The University of Texas School of Law shall make the first
80	80	appointment under Section 2, Article 43.27, Code of Criminal
81	81	Procedure, as added by this Act. After the expiration of the
82	82	appointee's two-year term, the director of the innocence project at
83	83	the University of Houston Law Center shall make the second
84	84	appointment under Section 2, Article 43.27, Code of Criminal
85	85	Procedure, as added by this Act. After the expiration of the second
86	86	appointment, the director of the innocence project at the Texas
87	87	Tech University School of Law shall make the third appointment.
88	88	SECTION 3. The appointments to the Texas Innocence
89	89	Commission as required by Article 43.27, Code of Criminal
90	90	Procedure, as added by this Act, shall be made not later than the
91	91	60th day after the effective date of this Act.
92	92	SECTION 4. This Act takes effect September 1, 2009.