Texas 2015 - 84th Regular

Texas Senate Bill SB81 Compare Versions

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

Old	New	Differences
1	1	84R612 ADM-D
2	2	By: Ellis S.B. No. 81
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 examine 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. TIMOTHY COLE EXONERATION REVIEW COMMISSION
13	13	Sec. 1. CREATION. The Timothy Cole Exoneration Review
14	14	Commission is created.
15	15	Sec. 2. COMPOSITION. (a) The commission is composed of the
16	16	following 15 members:
17	17	(1) one employee of the office of the governor who has
18	18	significant criminal justice legal experience, appointed by the
19	19	governor;
20	20	(2) one person who works in law enforcement, appointed
21	21	by the governor;
22	22	(3) the presiding judge of the court of criminal
23	23	appeals, or another judge of the court of criminal appeals
24	24	appointed by the presiding judge;
25	25	(4) the chief justice of the Texas Supreme Court, or an
26	26	employee of the Texas Supreme Court who has significant legal
27	27	experience, appointed by the chief justice;
28	28	(5) a district court judge, appointed by the presiding
29	29	judge of the court of criminal appeals;
30	30	(6) a person with significant knowledge and experience
31	31	in the issue areas under consideration by the commission, appointed
32	32	by the chief justice of the Texas Supreme Court;
33	33	(7) the president of the Texas Criminal Defense
34	34	Lawyers Association, or the president's designee;
35	35	(8) the head of a public defender office in Texas,
36	36	appointed by the executive director of the Texas Criminal Defense
37	37	Lawyers Association;
38	38	(9) the president of the Texas District and County
39	39	Attorneys Association, or a district attorney appointed by the
40	40	president;
41	41	(10) the chairman of the board of the Texas District
42	42	and County Attorneys Association, or the chairman's designee;
43	43	(11) the presiding officer of the Texas Forensic
44	44	Science Commission, or a member or employee of the Texas Forensic
45	45	Science Commission who has significant experience in the field of
46	46	forensic science, appointed by the presiding officer;
47	47	(12) the chair of the Senate Committee on Criminal
48	48	Justice;
49	49	(13) the chair of the House Committee on Criminal
50	50	Jurisprudence;
51	51	(14) the president of the Texas Center for Actual
52	52	Innocence at The University of Texas School of Law, the director of
53	53	the Texas Innocence Network at the University of Houston Law
54	54	Center, or the executive director of the Innocence Project of
55	55	Texas, each serving on a rotating basis; and
56	56	(15) the president of the State Bar of Texas, or the
57	57	president's designee.
58	58	(b) Each member serves a two-year term, unless the member
59	59	ceases to hold an office or position that qualified the person for
60	60	the appointment, and may serve multiple consecutive terms.
61	61	(c) A vacancy on the commission is filled for the unexpired
62	62	portion of the term in the same manner as the original appointment.
63	63	(d) The governor shall designate a member to serve as the
64	64	presiding officer.
65	65	(e) The commission exists under the Texas Judicial Council
66	66	created under Chapter 71, Government Code. The commission operates
67	67	independently of the Texas Judicial Council.
68	68	(f) The presiding officer may appoint committees from the
69	69	membership of the commission as needed to organize the commission
70	70	or to perform the duties of the commission.
71	71	(g) The commission may hire a director and other necessary
72	72	personnel to perform the duties of the commission.
73	73	Sec. 3. MEETINGS. (a) The commission may hold its meetings
74	74	in a time or manner determined by the commission, but shall meet in
75	75	Austin at least annually.
76	76	(b) The commission shall conduct a public hearing at least
77	77	annually, the agenda of which must include a review of the work
78	78	conducted by the commission in the preceding year.
79	79	(c) Eight members of the commission constitute a quorum.
80	80	The commission may act only on the concurrence of seven members or a
81	81	majority of the members present, whichever number is greater. The
82	82	commission may issue a report under Section 6 only on the
83	83	concurrence of nine members.
84	84	Sec. 4. SUNSET PROVISION. The commission is subject to
85	85	Chapter 325, Government Code (Texas Sunset Act). Unless continued
86	86	in existence as provided by that chapter, the commission is
87	87	abolished and this article expires September 1, 2023.
88	88	Sec. 5. DUTIES. (a) The commission shall review and
89	89	examine thoroughly postconviction exonerations occurring on or
90	90	after September 1, 2015, that are based on:
91	91	(1) an explicit finding of actual innocence by the
92	92	court of criminal appeals; or
93	93	(2) a pardon issued by the governor on the basis of
94	94	actual innocence.
95	95	(b) In performing its duties under this section, the
96	96	commission shall:
97	97	(1) identify areas needing improvement in statutes,
98	98	rules, or procedures applicable to an exoneration reviewed by the
99	99	commission;
100	100	(2) identify areas needing improvement in the criminal
101	101	justice system in this state generally;
102	102	(3) in the areas identified in Subdivisions (1) and
103	103	(2), develop solutions and methods to improve the reliability and
104	104	fairness of the criminal justice system, including through
105	105	statutory, rule, or procedural changes; and
106	106	(4) identify procedures and programs to prevent future
107	107	wrongful convictions and to improve the reliability and fairness of
108	108	the criminal justice system.
109	109	(c) 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 identified in the course of its
112	112	review.
113	113	(d) In its first biennium of operation the commission shall
114	114	give particular attention to:
115	115	(1) reviewing and updating the research, reports, and
116	116	recommendations of the Timothy Cole advisory panel established in
117	117	the 81st Regular Session and the degree to which the panel's
118	118	recommendations were implemented;
119	119	(2) making recommendations related to improving the
120	120	process for and review of postconviction writs of habeas corpus;
121	121	(3) reviewing and making recommendations regarding
122	122	the use of forensic science in the criminal justice system, with an
123	123	emphasis on the standards used in criminal proceedings, and
124	124	recommending improvements in those standards to improve the
125	125	reliability and fairness of the criminal justice system;
126	126	(4) making recommendations as to how best to require
127	127	and implement the electronic recording of witness statements to
128	128	ensure their reliability and accuracy; and
129	129	(5) reviewing and making recommendations regarding
130	130	the effects of the quality of legal representation in relation to
131	131	the likelihood of conviction, with an emphasis on indigent defense.
132	132	(e) Following the initial biennium, in each subsequent
133	133	biennium the commission shall:
134	134	(1) continue to monitor the progress and
135	135	implementation of the recommendations made in the first biennium;
136	136	and
137	137	(2) determine its agenda by identifying not more than
138	138	10 prominent criminal justice issues to consider studying, of which
139	139	the chief justice of the Texas Supreme Court and the presiding judge
140	140	of the court of criminal appeals biennially shall choose not more
141	141	than six to be studied by the commission in the applicable biennium.
142	142	(f) The commission additionally shall consider submitting
143	143	an annual report to the Texas Indigent Defense Commission in the
144	144	manner required of legal clinics and programs under Section 79.039,
145	145	Government Code.
146	146	(g) The commission may request that an entity of state
147	147	government or of a political subdivision provide information
148	148	related to the commission's duties under this section. On the
149	149	request of the commission, an entity may provide information to the
150	150	commission unless otherwise prohibited from disclosing that
151	151	information.
152	152	Sec. 6. REPORT. (a) The commission shall compile a
153	153	detailed annual report of its findings and recommendations,
154	154	including any proposed legislation to implement procedures and
155	155	programs to prevent future wrongful convictions.
156	156	(b) The report shall be made available to the public on
157	157	request.
158	158	(c) The commission shall submit the report to the governor,
159	159	the lieutenant governor, and the speaker of the house of
160	160	representatives not later than December 1 of each year.
161	161	Sec. 7. COMPENSATION. A member of the commission is not
162	162	entitled to compensation for serving on the commission but may
163	163	receive reimbursement for necessary expenses incurred in the course
164	164	of performing the duties of the commission if the expense is
165	165	approved by the executive director of the Texas Judicial Council.
166	166	Sec. 8. ADMINISTRATIVE ATTACHMENT. (a) The commission is
167	167	administratively attached to the Office of Court Administration of
168	168	the Texas Judicial System.
169	169	(b) Notwithstanding any other law, the Office of Court
170	170	Administration of the Texas Judicial System shall:
171	171	(1) provide administrative assistance and services to
172	172	the commission, including budget planning and purchasing;
173	173	(2) accept, deposit, and disburse money made available
174	174	to the commission;
175	175	(3) pay the salaries and benefits of the director and
176	176	employees of the commission; and
177	177	(4) provide the commission with adequate computer
178	178	equipment and support.
179	179	Sec. 9. GIFTS, GRANTS, AND DONATIONS. The commission may
180	180	request and accept gifts, grants, and donations from any source to
181	181	carry out its functions, except that the commission may not request
182	182	or accept gifts from:
183	183	(1) a law firm, as defined by Section 72.028,
184	184	Government Code;
185	185	(2) an attorney or the attorney's spouse; or
186	186	(3) an employee of the law firm or an attorney or the
187	187	spouse of that employee.
188	188	SECTION 2. The appointments to the Timothy Cole Exoneration
189	189	Review Commission as required by Article 43.27, Code of Criminal
190	190	Procedure, as added by this Act, shall be made not later than
191	191	October 31, 2015.
192	192	SECTION 3. Notwithstanding Section 6(c), Article 43.27,
193	193	Code of Criminal Procedure, as added by this Act, the Timothy Cole
194	194	Exoneration Review Commission, as created by this Act, shall submit
195	195	the first report required by Section 6 not later than December 1,
196	196	2016.
197	197	SECTION 4. This Act takes effect September 1, 2015.