Texas 2017 85th Regular

Texas House Bill HB1967 Introduced / Bill

Filed 02/15/2017

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                    85R5561 LHC-F
 By: Moody H.B. No. 1967


 A BILL TO BE ENTITLED
 AN ACT
 relating to the creation of an innocence project grant program.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Section 79.039(a), Government Code, is amended
 to read as follows:
 (a)  Each legal clinic or program in this state [that is
 operated by a law school and] that receives  financial support from
 the commission shall submit to the commission an annual report
 regarding criminal cases:
 (1)  in which the clinic or program has provided legal
 services to an indigent defendant during the preceding calendar
 year; and
 (2)  in which:
 (A)  based on a finding of actual innocence, the
 court of criminal appeals overturns a conviction; or
 (B)  the governor issues a pardon based on actual
 innocence.
 SECTION 2.  Subchapter C, Chapter 79, Government Code, is
 amended by adding Section 79.041 to read as follows:
 Sec. 79.041.  INNOCENCE PROJECT GRANT PROGRAM.  (a)  Using
 any funds available for the purpose, the commission may establish
 an innocence project grant program to support:
 (1)  projects that screen, investigate, and litigate
 post-conviction claims of actual innocence in non-capital cases in
 this state; and
 (2)  associated expenses necessary to conduct those
 activities.
 (b)  In making grant awards under the program, the commission
 shall promote among projects coordinated strategies that will
 enable those projects to efficiently screen requests for assistance
 and to engage in effective investigation and litigation activities.
 (c)  Only the following entities are eligible to receive
 grants under the program:
 (1)  a public or private law school in Texas; or
 (2)  a nonprofit organization based in this state that
 operates an innocence project.
 (d)  The commission may adopt rules to implement this
 section.
 SECTION 3.  This Act takes effect September 1, 2017.