By: McClendon H.B. No. 115
A BILL TO BE ENTITLED
AN ACT
relating to the creation of a commission to investigate convictions
after exoneration and to prevent wrongful convictions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The legislature finds that: (a) Whenever a
person convicted of a crime is found, through post-conviction DNA
testing or the discovery of other new evidence, to have been
innocent of that crime, a failure has occurred in the criminal
justice system which wrongly convicted an innocent person and
allowed the real perpetrator to remain undetected;
(b) Review of the causes of wrongful convictions enables the
state to identify potential weaknesses in the state's criminal
justice system, and the remedies that can strengthen the quality of
criminal justice in the state;
(c) There is not presently any governmental entity in the
state charged with conducting independent, expert reviews of
matters concerning the conviction of persons who have been
exonerated, necessary in order to identify the primary and
potential causes of wrongful convictions in the state;
(d) The establishment of the commission would further the
understanding of the particular and systemic causes of wrongful
convictions, promote the adoption of positive reforms to enhance
the accuracy of criminal investigations, strengthen the
reliability of criminal prosecutions, protect the innocent, and
enhance public safety;
(e) The people of the state would benefit from the creation
of an Innocence Commission charged with identifying the various
causes of wrongful convictions, identifying policies and
procedures demonstrated to minimize the likelihood of wrongful
convictions, proposing reforms to minimize the occurrence of
wrongful convictions in the state, and conducting its work in a
manner that is transparent, with the goal of keeping the public
informed; and
(f) The establishment of the Texas Innocence Commission
would bolster public confidence in the state's criminal justice
system and help ensure that the administration of criminal justice
in the state is fair, equitable, accurate and reliable.
SECTION 2. 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, to be appointed by the Governor. Appointments to the
commission shall be made without regard to the race, color,
disability, sex, religion, age, or national origin of the
appointees.
(b) The regular term of office of the commissioners shall be
four (4) years; but the initial members of each of three classes of
three members each shall be chosen respectively for terms of one
(1), two (2) and four (4) years. Interim vacancies shall be filled
in the same manner as vacancies due to expiration of a full term,
but only for the unexpired portion of the term in question.
Commissioners shall receive no compensation for their services as
such.
(c) The presiding officer of the commission shall be
elected on an annual basis by the members of the commission. The
commission may hold its meetings, hearings and other proceedings at
such times and places as it shall determine, but shall meet in
Austin at least once each year. A quorum shall consist of five (5)
members. Proceedings shall be by majority vote of those present.
Sec. 3. QUALIFICATIONS. (a) Each member must be a
registered voter of the state.
(b) A member of the commission may not hold any other public
office or be an employee of any state department or agency, or be an
employee or member of another state board or commission during the
member's tenure on the commission.
(c) An individual may not be a member of the commission or
act as the general counsel to the commission if the individual or
individual's spouse is required to register as a lobbyist under
Chapter 305, TEX. GOVT. CODE, because of the individual's
activities for compensation on behalf of a profession or entity
related to the operation of the commission.
(d) Appointments to the commission shall be made without
regard to the race, color, disability, sex, religion, age, or
national origin of the appointees.
Sec. 4. REMOVAL. (a) It is a ground for removal from the
commission that a member:
(1) does not have at the time of appointment the
qualifications required by this Article;
(2) does not maintain during service on the commission
the qualifications required by this Article;
(3) violates the prohibition established by this
Article;
(4) is ineligible for membership under this Article;
(5) cannot, because of illness or disability,
discharge the member's duties for a substantial part of the
member's term; or
(6) is absent from more than half of the regularly
scheduled meetings that the member is eligible to attend during a
calendar year, without an excuse approved by a majority vote of the
commission.
(b) The validity of an action of the commission is not
affected by the fact that it is taken when a ground for removal of a
commission member exists.
Sec. 5. COMMISSION MEMBER TRAINING. (a) A person who is
appointed to and qualifies for office as a member of the commission
shall complete a training program that complies with this section.
(b) The training program must provide the person with
information regarding:
(1) the legislation that created the commission;
(2) the programs operated by the commission;
(3) the role and functions of the commission;
(4) the rules of the commission with an emphasis on
the rules that relate to its investigatory authority;
(5) the requirements of laws relating to public
officials and public meetings, including conflict-of-interest
laws; and
(6) any applicable ethics policies adopted by the
commission or the Texas Ethics Commission.
Sec. 6. SUNSET PROVISION. The Texas Innocence Commission
is subject to review under the Texas Sunset Act and shall be
reviewed according to the periodic schedule for review of state
agencies under Chapter 325, TEX. GOVT. CODE.
Sec. 7. DUTIES. (a) The commission shall make thorough
review or investigation of all cases in which an innocent person was
convicted and exonerated, including convictions vacated based on a
plea to time served, to:
(1) identify the causes of wrongful convictions;
(2) ascertain errors and defects in the laws, rules,
proof and procedures applied in prosecuting the defendant's case at
issue or implicated by each identified cause of wrongful
convictions;
(3) identify errors and defects in the criminal
justice process in this state generally, utilizing peer-reviewed
research, expert analysis and demographic data;
(4) consider and develop solutions and methods to
correct the identified errors and defects through legislation,
rule, regulation or procedural changes; and
(5) identify procedures, programs and educational or
training opportunities demonstrated to eliminate or minimize the
causes of wrongful convictions and prevent the future occurrence
of wrongful convictions and resulting executions.
(b) The commission shall consider potential implementation
plans, costs, cost savings, and the impact on the criminal justice
system for each potential solution. The commission may receive
gifts, grants, donations, and contributions as further provided in
this Article and utilize said funds to implement the purposes of
this enactment, and may enter into contracts for research and
professional services as may be necessary or appropriate to
facilitate the work and activities of the commission or complete
the investigation of a particular post-exoneration case, including
forensic testing and autopsies.
(c) In fulfilling its duties, the commission shall conduct a
public hearing at least once annually, concerning but not limited
to the work of the agency in regard to its review or investigation
of specific and general matters being considered under this
Article.
Sec. 8. REPORTS AND RECORDS. (a) The commission shall
compile a detailed annual report of its findings and
recommendations, including any proposed legislation and rule or
policy changes necessary or appropriate to implement procedures and
programs to prevent the causes and occurrence of future wrongful
convictions or executions. The commission may also compile interim
reports for the same or similar purposes. Official annual and
interim reports issued by the commission shall be made available to
the public upon request.
(b) The findings and recommendations contained in the
official reports issued by the commission may be used as some
evidence in any subsequent civil or criminal proceeding, according
to the applicable procedural and evidentiary rules for the tribunal
in which a particular matter is or may be pending.
(c) Working papers and records, including all documentary
or other information, prepared or maintained by the commission,
members or staff in performing the commission's duties under this
article or other law to conduct an evaluation and prepare a report,
are excepted from the public disclosure requirements of Section
552.021, TEX. GOVT. CODE. A record held by another entity that is
considered to be confidential by law and that the commission
receives in connection with the performance of the commission's
functions under this article or another law remains confidential
and is excepted from the public disclosure requirements of Section
552.021, TEX. GOVT. CODE.
Sec. 9. SUBMISSION. The commission shall submit the
reports described by Sec. 8 to the governor, the lieutenant
governor, the speaker of the house of representatives, and to the
legislature not later than December 1 of each even-numbered year,
or within sixty (60) days following the issuance of the report,
whichever first occurs.
Sec. 10. GIFTS AND GRANTS. (a) The commission may apply
for and accept gifts, grants, and donations from any organization
described in Section 501(c) (3) or 501(c) (4) of the Internal
Revenue Code for the purpose of funding any activity of the
commission under this Article. The commission may apply for and
accept grants under federal programs.
(b) The commission may also receive contributions from
private individuals or entities.
(c) All gifts, grants, donations and contributions must be
accepted in an open meeting by a majority of the members of the
commission then present and voting, and shall be reported in the
public records of the commission with the name of the donor and
purpose of the gift, grant, contribution or donation accepted.
(d) The commission may authorize and disburse sub-grants of
funds from those funds which it may accept from time to time under
this Section for appropriate programs, services and activities
related to and in accord with the purposes and activities of the
commission.
Sec. 11. REIMBURSEMENT. A member of the commission shall
receive no compensation for the services provided by the member in
that capacity. A member is entitled to reimbursement by the
commission for the member's actual and necessary expenses incurred
in performing commission duties, subject to the availability of
funds from general revenue that may from time to time be
appropriated to the commission by the state; such reimbursements to
members for actual and necessary expenses incurred may be
authorized by the commission through funds received and
administered by the commission from gifts, grants, donations and
contributions it accepts under Sec. 10 of this Article.
Sec. 12. ASSISTANCE OF AND ACCESS TO STATE AGENCIES. (a)
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.
(b) The commission may also request the assistance of other
state agencies and officers. When assistance is requested, a state
agency or officer shall assist the commission in carrying out its
functions under this chapter. The commission or its designated
staff member may inspect the records, documents, and files of any
state agency in conjunction with its duties.
Sec. 13. OTHER LAW. The commission is not subject to
Chapter 2110, Government Code.
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
sixtieth (60th) day after the effective date of this Act.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house,
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2011.