85R19559 LHC-F
By: Moody H.B. No. 1967
Substitute the following for H.B. No. 1967:
By: Moody C.S.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 a public or private law school in Texas is eligible
to receive grants under the program.
(d) A law school that receives a grant under Subsection (c)
may enter into a contract with a nonprofit organization that is
based in this state and operates an innocence project, provided
that the law school accepts primary responsibility for monitoring
the contract.
(e) The commission may adopt rules to implement this
section.
SECTION 3. This Act takes effect September 1, 2017.