Texas 2011 - 82nd Regular

Texas House Bill HB115 Compare Versions

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1	1	82R11314 AJZ-F
2	2	By: McClendon, Gallego H.B. No. 115
3	3	Substitute the following for H.B. No. 115:
4	4	By: Gallego C.S.H.B. No. 115
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the creation of a commission to investigate convictions
10	10	after exoneration and to prevent wrongful convictions.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Chapter 43, Code of Criminal Procedure, is
13	13	amended by adding Article 43.27 to read as follows:
14	14	Art. 43.27. TEXAS INNOCENCE COMMISSION
15	15	Sec. 1. CREATION. The Texas Innocence Commission is
16	16	created.
17	17	Sec. 2. COMPOSITION. The commission is composed of nine
18	18	members appointed by the governor. The governor shall make
19	19	appointments to the commission without regard to the race, color,
20	20	disability, sex, religion, age, or national origin of the
21	21	appointee.
22	22	Sec. 3. TERMS; VACANCIES. (a) Members serve staggered
23	23	six-year terms, with one-third of the members' terms expiring
24	24	February 1 of each odd-numbered year.
25	25	(b) In the event of a vacancy, the governor shall appoint a
26	26	replacement to fill the unexpired portion of the term.
27	27	(c) The presiding officer of the commission shall be elected
28	28	on an annual basis by the members of the commission.
29	29	Sec. 4. MEETINGS. (a) The commission may hold its
30	30	meetings, hearings, and other proceedings at times and places as
31	31	the commission shall determine, but shall meet in Austin at least
32	32	once each year. Proceedings shall be by majority vote of those
33	33	present.
34	34	(b) The commission shall conduct a public hearing at least
35	35	once a year, the agenda of which must include a review of the work of
36	36	the commission in reviewing and investigating matters considered by
37	37	the commission under this article.
38	38	Sec. 5. QUALIFICATIONS. (a) Each member must be a
39	39	registered voter of the state.
40	40	(b) A member of the commission may not hold any other public
41	41	office or be an employee of any state department or agency, or be an
42	42	employee or member of another state board or commission during the
43	43	member's tenure on the commission.
44	44	(c) An individual may not be a member of the commission or
45	45	act as the general counsel to the commission if the individual or
46	46	individual's spouse is required to register as a lobbyist under
47	47	Chapter 305, Government Code, because of the individual's
48	48	activities for compensation on behalf of a profession or entity
49	49	related to the operation of the commission.
50	50	Sec. 6. GROUNDS FOR REMOVAL. (a) It is a ground for
51	51	removal from the commission that a member:
52	52	(1) does not have at the time of appointment the
53	53	qualifications required by this article;
54	54	(2) does not maintain during service on the commission
55	55	the qualifications required by this article;
56	56	(3) violates a prohibition established by this
57	57	article;
58	58	(4) is ineligible for membership under this article;
59	59	(5) cannot, because of illness or disability,
60	60	discharge the member's duties for a substantial part of the member's
61	61	term; or
62	62	(6) is absent from more than half of the regularly
63	63	scheduled meetings that the member is eligible to attend during a
64	64	calendar year, unless the absence is excused by a majority vote of
65	65	the commission.
66	66	(b) The validity of an action of the commission is not
67	67	affected by the fact that it is taken when a ground for removal of a
68	68	commission member exists.
69	69	Sec. 7. COMMISSION MEMBER TRAINING. (a) A person who is
70	70	appointed to and qualifies for office as a member of the commission
71	71	shall complete a training program that meets the requirements of
72	72	this section.
73	73	(b) The training program must provide the person with
74	74	information regarding:
75	75	(1) the legislation that created the commission;
76	76	(2) the programs operated by the commission;
77	77	(3) the role and functions of the commission;
78	78	(4) the rules of the commission, with an emphasis on
79	79	the rules that relate to its investigatory authority;
80	80	(5) the requirements of laws relating to public
81	81	officials and public meetings, including conflict-of-interest
82	82	laws; and
83	83	(6) any applicable ethics policies adopted by the
84	84	commission or the Texas Ethics Commission.
85	85	Sec. 8. SUNSET PROVISION. The Texas Innocence Commission
86	86	is subject to Chapter 325, Government Code (Texas Sunset Act).
87	87	Unless continued in existence as provided by that chapter, the
88	88	Texas Innocence Commission is abolished and this article expires
89	89	September 1, 2023.
90	90	Sec. 9. DUTIES. (a) The commission shall make thorough
91	91	review or investigation of all cases in which an innocent person was
92	92	convicted and exonerated, including convictions vacated based on a
93	93	plea to time served, to:
94	94	(1) identify the causes of wrongful convictions;
95	95	(2) ascertain errors and defects in the laws, rules,
96	96	proof, and procedures applied in prosecuting the defendant's case
97	97	at issue or implicated by each identified cause of wrongful
98	98	convictions;
99	99	(3) identify errors and defects in the criminal
100	100	justice process in this state generally, using peer-reviewed
101	101	research, expert analysis, and demographic data;
102	102	(4) consider and develop solutions and methods to
103	103	correct the identified errors and defects through legislation,
104	104	rule, regulation, or procedural changes; and
105	105	(5) identify procedures, programs, and educational or
106	106	training opportunities demonstrated to eliminate or minimize the
107	107	causes of wrongful convictions and prevent the future occurrence of
108	108	wrongful convictions and resulting executions.
109	109	(b) The commission shall consider potential implementation
110	110	plans, costs, cost savings, and the impact on the criminal justice
111	111	system for each potential solution.
112	112	(c) The commission may enter into contracts for research and
113	113	professional services as may be necessary or appropriate to
114	114	facilitate the work and activities of the commission or complete
115	115	the investigation of a particular post-exoneration case, including
116	116	forensic testing and autopsies.
117	117	Sec. 10. REPORTS AND RECORDS. (a) The commission shall
118	118	compile a detailed annual report of its findings and
119	119	recommendations, including any proposed legislation, rule, or
120	120	policy changes necessary or appropriate to implement procedures and
121	121	programs to prevent the causes and occurrence of future wrongful
122	122	convictions or executions. The commission may also compile interim
123	123	reports for the same or similar purposes.
124	124	(b) Official annual and interim reports issued by the
125	125	commission must be made available to the public on request.
126	126	(c) The findings and recommendations contained in the
127	127	official reports issued by the commission may be used as evidence in
128	128	any subsequent civil or criminal proceeding, according to the
129	129	applicable procedural and evidentiary rules for the tribunal in
130	130	which a particular matter is or may be pending.
131	131	(d) Working papers and records, including all documentary
132	132	or other information, prepared or maintained by the commission,
133	133	members, or staff in performing the commission's duties under this
134	134	article or other law to conduct an evaluation and prepare a report,
135	135	are excepted from the public disclosure requirements of Section
136	136	552.021, Government Code. A record held by another entity that is
137	137	considered to be confidential by law and that the commission
138	138	receives in connection with the performance of the commission's
139	139	functions under this article or another law remains confidential
140	140	and is excepted from the public disclosure requirements of Section
141	141	552.021, Government Code.
142	142	Sec. 11. SUBMISSION. The commission shall submit the
143	143	reports described by Section 10 to the governor, the lieutenant
144	144	governor, the speaker of the house of representatives, and the
145	145	legislature not later than December 1 of each even-numbered year,
146	146	or not later than the 60th day after the issuance of the report,
147	147	whichever occurs first.
148	148	Sec. 12. GIFTS AND GRANTS. (a) The commission may apply
149	149	for and accept gifts, grants, and donations from any organization
150	150	described in Section 501(c)(3) or (4), Internal Revenue Code of
151	151	1986, for the purpose of funding any activity of the commission
152	152	under this article. The commission may apply for and accept grants
153	153	under federal programs.
154	154	(b) The commission may also receive donations from private
155	155	individuals or entities.
156	156	(c) All gifts, grants, and donations must be accepted in an
157	157	open meeting by a majority of the members of the commission then
158	158	present and voting, and must be reported in the public records of
159	159	the commission with the name of the donor and purpose of the gift,
160	160	grant, or donation accepted.
161	161	(d) The commission may authorize and disburse subgrants of
162	162	funds from those funds that it may accept from time to time under
163	163	this section for appropriate programs, services, and activities
164	164	related to and in accord with the purposes and activities of the
165	165	commission.
166	166	Sec. 13. COMPENSATION; REIMBURSEMENT. A member of the
167	167	commission may not receive compensation for the services provided
168	168	as a member. A member is entitled to reimbursement by the
169	169	commission for the member's actual and necessary expenses incurred
170	170	in performing commission duties, subject to the availability of
171	171	funds from general revenue that may be appropriated to the
172	172	commission by the state. Reimbursements to members for actual and
173	173	necessary expenses incurred may be authorized by the commission
174	174	through funds received and administered by the commission from
175	175	gifts, grants, and donations it accepts under Section 12.
176	176	Sec. 14. ASSISTANCE OF STATE AGENCIES; ACCESS TO STATE
177	177	AGENCIES. (a) The Texas Legislative Council, the Legislative
178	178	Budget Board, and The University of Texas at Austin shall assist the
179	179	commission in performing the commission's duties.
180	180	(b) The commission may also request the assistance of other
181	181	state agencies and officers. When assistance is requested, a state
182	182	agency or officer shall assist the commission in carrying out its
183	183	functions under this article. The commission or its designee may
184	184	inspect the records, documents, and files of any state agency in
185	185	carrying out the commission's duties.
186	186	Sec. 15. OTHER LAW. The commission is not subject to
187	187	Chapter 2110, Government Code.
188	188	SECTION 2. In appointing the initial members of the Texas
189	189	Innocence Commission, the governor shall appoint three persons to
190	190	terms expiring February 1, 2013, three to terms expiring February
191	191	1, 2015, and three to terms expiring February 1, 2017.
192	192	SECTION 3. The appointments to the Texas Innocence
193	193	Commission required by Article 43.27, Code of Criminal Procedure,
194	194	as added by this Act, shall be made not later than the 60th day after
195	195	the effective date of this Act.
196	196	SECTION 4. This Act takes effect immediately if it receives
197	197	a vote of two-thirds of all the members elected to each house, as
198	198	provided by Section 39, Article III, Texas Constitution. If this
199	199	Act does not receive the vote necessary for immediate effect, this
200	200	Act takes effect September 1, 2011.