83S10189 ADM-D
By: McClendon H.B. No. 59
A BILL TO BE ENTITLED
AN ACT
relating to the creation of a commission to investigate and prevent
the wrongful convictions of indigent defendants and to identify
other related errors and defects in the criminal process.
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. TIMOTHY COLE EXONERATION REVIEW COMMISSION
Sec. 1. CREATION. The Timothy Cole Exoneration Review
Commission is created.
Sec. 2. COMPOSITION. The commission is composed of nine
members, at least one of whom must be a member of the law
enforcement community, appointed by the governor. The governor
shall make appointments to the commission without regard to the
race, color, disability, sex, religion, age, or national origin of
the appointee.
Sec. 3. TERMS; VACANCIES. (a) Members serve staggered
six-year terms, with one-third of the members' terms expiring
February 1 of each odd-numbered year.
(b) In the event of a vacancy, the governor shall appoint a
replacement to fill the unexpired portion of the term.
(c) The presiding officer of the commission shall be elected
on an annual basis by the members of the commission.
Sec. 4. MEETINGS. (a) The commission may hold its
meetings, hearings, and other proceedings at times and places as
the commission shall determine, but shall meet in Austin at least
once each year. Proceedings shall be by majority vote of those
present.
(b) The commission shall conduct a public hearing at least
once a year, the agenda of which must include a review of the work of
the commission in reviewing and investigating matters considered by
the commission under this article.
Sec. 5. 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, Government Code, because of the individual's
activities for compensation on behalf of a profession or entity
related to the operation of the commission.
Sec. 6. GROUNDS FOR 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 a 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, unless the absence is excused 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. 7. 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 meets the requirements of
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. 8. SUNSET PROVISION. The Timothy Cole Exoneration
Review Commission is subject to Chapter 325, Government Code (Texas
Sunset Act). Unless continued in existence as provided by that
chapter, the Timothy Cole Exoneration Review Commission is
abolished and this article expires September 1, 2025.
Sec. 9. DUTIES. (a) The commission shall make thorough
review or investigation of all cases in which an innocent indigent
defendant 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, emphasizing
identification of errors and defects related to indigent defense,
using 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, or procedural changes; and
(5) identify procedures, programs, and educational or
training opportunities demonstrated to eliminate or minimize the
causes of wrongful convictions in indigent defense cases and
prevent the future occurrence of wrongful convictions and resulting
executions in indigent defense cases.
(b) The commission shall thoroughly review each application
by an indigent defendant for writ of habeas corpus made to the court
of criminal appeals for which the court has issued a final ruling
to:
(1) identify any ethical violations or misconduct by
attorneys or judges revealed in the course of the habeas review
process;
(2) refer any ethical violations or misconduct
discovered to the State Commission on Judicial Conduct, the State
Bar of Texas, the office of the attorney general, or other
appropriate agency or office to review the violations or misconduct
and, if appropriate, initiate or take corrective disciplinary
action;
(3) identify any patterns of ethical violations or
misconduct by attorneys or judges or errors or defects in the
criminal justice system in this state that impact the habeas review
process;
(4) consider and develop solutions and methods to
correct through legislation, rule, or procedural changes the
patterns, errors, and defects identified under Subdivision (3); and
(5) identify procedures, programs, and educational or
training opportunities demonstrated to eliminate or minimize the
patterns, errors, and defects identified under Subdivision (3).
(c) The commission shall consider potential implementation
plans, costs, cost savings, and the impact on the criminal justice
system for each potential solution identified under Subsection (a)
or (b).
(d) The commission 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 review or investigation of an indigent defense case in which
there has been an exoneration or a final disposition of a writ of
habeas corpus, including forensic testing and autopsies.
Sec. 10. REPORTS AND RECORDS. (a) The commission shall
compile a detailed annual report of its findings and
recommendations, including any proposed legislation, rule, or
policy changes necessary or appropriate to implement procedures and
programs to prevent the causes and occurrence of future wrongful
convictions or wrongful executions of indigent defendants or of
defects or errors in the habeas review process with respect to those
defendants. The commission may also compile interim reports for
the same or similar purposes.
(b) Official annual and interim reports issued by the
commission must be made available to the public on request.
(c) The findings and recommendations contained in the
official reports issued by the commission may be used as 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.
(d) Working papers and records, including all documentary
or other information, prepared or maintained by the commission or
members or staff of the commission 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, Government 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, Government Code.
Sec. 11. SUBMISSION. The commission shall submit the
reports described by Section 10 to the governor, the lieutenant
governor, the speaker of the house of representatives, and the
legislature not later than December 1 of each even-numbered year,
or not later than the 60th day after the issuance of the report,
whichever occurs first.
Sec. 12. 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 (4), Internal Revenue Code of
1986, 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 donations from private
individuals or entities.
(c) All gifts, grants, and donations must be accepted in an
open meeting by a majority of the members of the commission then
present and voting, and must be reported in the public records of
the commission with the name of the donor and purpose of the gift,
grant, or donation accepted.
(d) The commission may authorize and disburse subgrants of
funds from those funds that the commission 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. 13. COMPENSATION; REIMBURSEMENT. A member of the
commission may not receive compensation for the services provided
as a member. 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 be appropriated to the
commission by the state. 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, and donations the commission accepts under Section
12.
Sec. 14. ASSISTANCE OF STATE AGENCIES; ACCESS TO STATE
AGENCIES. (a) 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 article. The commission or its designee may
inspect the records, documents, and files of any state agency in
carrying out the commission's duties.
Sec. 15. OTHER LAW. The commission is not subject to
Chapter 2110, Government Code.
SECTION 2. In appointing the initial members of the Timothy
Cole Exoneration Review Commission, the governor shall appoint
three persons to terms expiring February 1, 2015, three to terms
expiring February 1, 2017, and three to terms expiring February 1,
2019.
SECTION 3. The appointments to the Timothy Cole Exoneration
Review Commission 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 immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect on the 91st day after the last day of the
legislative session.