84R13941 ADM-D
By: McClendon, Leach, Herrero, Moody, et al. H.B. No. 48
Substitute the following for H.B. No. 48:
By: Herrero C.S.H.B. No. 48
A BILL TO BE ENTITLED
AN ACT
relating to the creation of a commission to review convictions
after exoneration and to 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. TIMOTHY COLE EXONERATION REVIEW COMMISSION
Sec. 1. CREATION. The Timothy Cole Exoneration Review
Commission is created.
Sec. 2. COMPOSITION. The commission is composed of the
following nine members:
(1) the presiding judge of the court of criminal
appeals, or another judge of the court of criminal appeals
appointed by the presiding judge;
(2) the chief justice of the Texas Supreme Court, or
another justice of the Texas Supreme Court appointed by the chief
justice;
(3) a district court judge, appointed by the presiding
judge of the court of criminal appeals;
(4) the presiding officer of the Texas Commission on
Law Enforcement, or a member or employee of the Texas Commission on
Law Enforcement appointed by the presiding officer;
(5) the presiding officer of the Texas Indigent
Defense Commission, or a member or employee of the Texas Indigent
Defense Commission appointed by the presiding officer;
(6) the presiding officer of the Texas Forensic
Science Commission, or a member or employee of the Texas Forensic
Science Commission who has significant experience in the field of
forensic science appointed by the presiding officer;
(7) the chair of the Senate Committee on Criminal
Justice, or the chair's designee;
(8) the chair of the House Committee on Criminal
Jurisprudence, or the chair's designee; and
(9) the president of the State Bar of Texas, or the
president's designee.
Sec. 3. ADVISORY PANEL. The commission may receive advice
and guidance from an advisory panel composed of the following
members:
(1) the president of the Texas Criminal Defense
Lawyers Association, or the president's designee;
(2) the chairman of the board of the Texas District and
County Attorneys Association, or the chairman's designee; and
(3) the director of the Texas Center for Actual
Innocence at The University of Texas School of Law, the director of
the Texas Innocence Network at the University of Houston Law
Center, the executive director of the Innocence Project of Texas,
or the executive director of the Innocence Project at Thurgood
Marshall School of Law, each serving on a rotating basis.
Sec. 4. TERMS; VACANCIES. (a) If a member of the
commission is appointed under Sections 2(1)-(6), the member serves
for a six-year term.
(b) The presiding officer of the commission shall be elected
on an annual basis by the members of the commission.
(c) If a person appointed to the commission does not
complete the person's term, the vacancy is filled for the unexpired
portion of the term in the same manner as the original appointment.
(d) The presiding officer may appoint committees from the
membership of the commission as needed to organize the commission
or to perform the duties of the commission.
(e) The commission may hire a director and other necessary
personnel to perform the duties of the commission.
Sec. 5. ADMINISTRATIVE ATTACHMENT. (a) The commission
exists under the Texas Judicial Council created under Chapter 71,
Government Code. The commission operates independently of the
Texas Judicial Council.
(b) The commission is administratively attached to the
Office of Court Administration of the Texas Judicial System.
(c) Notwithstanding any other law, and subject to available
funding, the Office of Court Administration of the Texas Judicial
System shall:
(1) provide administrative assistance and services to
the commission, including budget planning and purchasing;
(2) accept, deposit, and disburse money made available
to the commission;
(3) pay the salaries and benefits of the director and
employees of the commission; and
(4) provide the commission with adequate computer
equipment and support.
Sec. 6. MEETINGS. (a) The commission may hold its
meetings, hearings, and other proceedings at a time and in a manner
determined by the commission, but shall meet in Austin at least
annually.
(b) The commission shall conduct a public hearing at least
annually, the agenda of which must include a review of the work
conducted by the commission in the preceding year. The advisory
committee may participate in a public hearing of the commission.
(c) Five members of the commission constitute a quorum. The
commission may act only on the concurrence of five or more members.
The commission may issue a report under Section 13 only on the
concurrence of six members.
(d) A member of the commission is entitled only to
reimbursement for the member's travel expenses as provided by
Section 10 of this article, Chapter 660, Government Code, and the
General Appropriations Act.
Sec. 7. QUALIFICATIONS. (a) A member of the commission
may not participate in or vote on any matter before the commission
if the matter directly concerns an individual related to the member
within the second degree by affinity or consanguinity.
(b) 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. 8. GROUNDS FOR REMOVAL. (a) It is a ground for
removal from the commission that a member:
(1) if applicable, 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. 9. COMMISSION MEMBER TRAINING. (a) 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 examination 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. 10. 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 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 11.
Sec. 11. GIFTS, GRANTS, AND DONATIONS. (a) The commission
may request and accept gifts, grants, and donations from any source
to carry out its functions, except that the commission may not
request or accept gifts from:
(1) a law firm, as defined by Section 72.028,
Government Code;
(2) an attorney or the attorney's spouse; or
(3) an employee of the law firm or an attorney or the
spouse of that employee.
(b) 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.
(c) 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. 12. DUTIES. (a) The commission shall thoroughly
review and examine all cases in which an innocent defendant was
convicted and exonerated, including convictions vacated based on a
plea to time served, to:
(1) identify the causes of wrongful convictions and
suggest ways to prevent future wrongful convictions and improve the
reliability and fairness of the criminal justice system;
(2) ascertain errors and defects in the laws,
evidence, and procedures applied or omitted in the defendant's
case;
(3) identify errors and defects in the criminal
justice system in this state generally, using research, expert
analysis, and demographic data;
(4) consider suggestions to correct the identified
errors and defects through legislation or procedural changes;
(5) identify procedures, programs, and educational or
training opportunities designed to eliminate or minimize the
identified causes of wrongful convictions, including the
identified errors and defects in the criminal justice system that
contribute to wrongful convictions; and
(6) collect and evaluate data and information from an
actual innocence exoneration reported to the commission by a
state-funded innocence project, for inclusion in the commission's
reports under Section 13.
(b) Subject to available funding and applicable
accreditation procedures, the commission may assist with and
suggest training and continuing education opportunities for
persons involved in the investigation, prosecution, defense,
trial, or appeal of matters in the criminal justice system.
(c) The commission shall review and examine each case in
which a final ruling was made by the court of criminal appeals on a
writ of habeas corpus granted for actual innocence on or after
January 1, 1994, and each case in which a commutation of punishment
or pardon was granted before January 1, 1994, based on a claim of
actual innocence and shall use relevant data and information to:
(1) identify any apparent breach of professional
responsibility or misconduct by attorneys, judges, or criminal
justice system personnel that is revealed in the course of any
habeas review process existing in the case;
(2) refer any apparent breach of professional
responsibility or misconduct to, as appropriate, the State
Commission on Judicial Conduct, the State Bar of Texas, the Texas
Commission on Law Enforcement, the office of the attorney general,
or other appropriate agency or office, for their review of the
apparent breach of professional responsibility or misconduct;
(3) identify any patterns in:
(A) apparent breaches of professional
responsibility or misconduct by attorneys, judges, or criminal
justice system personnel; or
(B) errors or defects in the criminal justice
system in this state that impact the pretrial, trial, appellate, or
habeas review process; and
(4) consider and suggest legislative, training, or
procedural changes to correct the patterns, errors, and defects
identified through the work of the commission.
(d) The commission shall consider potential implementation
plans, costs, cost savings, and the impact on the criminal justice
system for each potential solution identified through the work of
the commission.
(e) The commission may, subject to available funding, enter
into contracts for research, analysis, and professional services as
may be necessary or appropriate to facilitate the work and
activities of the commission or to complete the review and
examination of a case in which there has been a commutation of
punishment, a pardon, or a final ruling of actual innocence on an
application for a writ of habeas corpus.
(f) In its first biennium of operation the commission shall
give particular attention to reviewing and updating the research,
reports, and recommendations of the Timothy Cole advisory panel
established in the 81st Regular Session and the degree to which the
panel's recommendations were implemented.
(g) Following the initial biennium, in each subsequent
biennium the commission shall:
(1) continue to monitor the progress and
implementation of the recommendations made in the first biennium;
and
(2) determine future items for study by identifying
not more than 10 prominent criminal justice issues to consider, of
which the chief justice of the Texas Supreme Court and the presiding
judge of the court of criminal appeals biennially shall choose not
more than six to be studied by the commission in the applicable
biennium.
(h) The commission may solicit input from innocence
projects, bar associations, judicial entities, law enforcement
agencies, prosecutor associations, public defender or criminal
defense associations, and advocacy organizations.
Sec. 13. REPORTS AND RECORDS. (a) The commission shall
compile and issue a detailed annual report of its findings and
recommendations, including any proposed legislation or policy
changes necessary or appropriate to implement procedures and
programs to prevent the causes and occurrence of future wrongful
convictions, wrongful executions, or errors or defects in the
habeas review process. The commission may also compile and issue
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) Working papers and records, including all documentary
or other information, collected, received, 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 confidential and
not subject to disclosure under Chapter 552, Government Code.
(d) The commission may request that an entity of state
government or of a political subdivision provide information
related to the commission's duties under Section 12. On the request
of the commission, an entity shall provide information to the
commission unless otherwise prohibited from disclosing that
information. The commission may examine the public records,
documents, and files of an entity of state government or a political
subdivision in carrying out the commission's duties.
(e) Information held by an entity of state government or of
a political subdivision that is confidential and that the
commission receives in connection with the performance of the
commission's functions under this article or other law remains
confidential and is not subject to disclosure under Chapter 552,
Government Code.
Sec. 14. ASSISTANCE OF STATE AGENCIES; ACCESS TO STATE
AGENCIES. (a) Subject to available funding, the commission may
request assistance from the Legislative Budget Board and any
state-supported university 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.
Sec. 15. SUBMISSION. The commission shall submit the
reports described by Section 13 to the governor, the lieutenant
governor, the speaker of the house of representatives, the
legislature, and the Texas Judicial Council not later than December
1 of each even-numbered year, or not later than the 60th day after
the date the report is issued, whichever occurs first.
SECTION 2. The heading to Section 79.039, Government Code,
is amended to read as follows:
Sec. 79.039. EXONERATION REPORTS [REPORT].
SECTION 3. Section 79.039, Government Code, is amended by
adding Subsection (c) to read as follows:
(c) At the same time the legal clinic or program submits a
report under Subsection (a), the clinic or program shall submit a
comprehensive report to the Timothy Cole Exoneration Review
Commission that:
(1) contains all information included in the report
submitted under Subsection (a); and
(2) provides a narrative describing the services and
work performed by the clinic or program during the previous fiscal
year that includes the number of innocence claims the clinic or
program handled in that year, including a summary of each claim, the
legal remedies pursued, and the type of relief granted in the case,
if any.
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 September 1, 2015.