Texas 2017 - 85th Regular

Texas Senate Bill SB1079 Compare Versions

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

Old	New	Differences
1	1	85R6885 KJE-D
2	2	By: Burton S.B. No. 1079
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 review certain penal
8	8	laws of this state that do not prescribe a culpable mental state.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. COMMISSION TO STUDY CERTAIN PENAL LAWS. (a) A
11	11	commission is created to study and review all penal laws of this
12	12	state that define a criminal offense but do not prescribe a culpable
13	13	mental state, other than criminal offenses:
14	14	(1) under the Penal Code;
15	15	(2) under Chapter 481, Health and Safety Code; or
16	16	(3) related to the operation of a motor vehicle.
17	17	(b) The commission shall:
18	18	(1) evaluate all laws described by Subsection (a) of
19	19	this section; and
20	20	(2) for each law evaluated, make recommendations to
21	21	the legislature regarding the culpable mental state, if any, that
22	22	best serves the intended purpose of the law.
23	23	(c) The commission is composed of nine members appointed as
24	24	follows:
25	25	(1) two members appointed by the governor;
26	26	(2) two members appointed by the lieutenant governor;
27	27	(3) two members appointed by the speaker of the house
28	28	of representatives;
29	29	(4) two members appointed by the chief justice of the
30	30	Supreme Court of Texas; and
31	31	(5) one member appointed by the presiding judge of the
32	32	Texas Court of Criminal Appeals.
33	33	(d) The officials making appointments to the commission
34	34	under Subsection (c) of this section shall ensure that the
35	35	membership of the commission includes representatives of all areas
36	36	of the criminal justice system, including prosecutors, defense
37	37	attorneys, judges, legal scholars, and relevant business
38	38	interests.
39	39	(e) The governor shall designate one member of the
40	40	commission to serve as the presiding officer of the commission.
41	41	(f) A member of the commission is not entitled to
42	42	compensation or reimbursement of expenses.
43	43	(g) The commission shall meet at the call of the presiding
44	44	officer.
45	45	(h) Not later than November 1, 2018, the commission shall
46	46	report the commission's findings and recommendations to the
47	47	governor, the lieutenant governor, the speaker of the house of
48	48	representatives, the Supreme Court of Texas, the Texas Court of
49	49	Criminal Appeals, and the standing committees of the house of
50	50	representatives and the senate with primary jurisdiction over
51	51	criminal justice. The commission shall include in its
52	52	recommendations any specific statutes that the commission
53	53	recommends revising.
54	54	SECTION 2. APPOINTMENT OF MEMBERS. Not later than the 60th
55	55	day after the effective date of this Act, the governor, the
56	56	lieutenant governor, the speaker of the house of representatives,
57	57	the chief justice of the Supreme Court of Texas, and the presiding
58	58	judge of the Texas Court of Criminal Appeals shall appoint the
59	59	members of the commission created under this Act.
60	60	SECTION 3. ABOLITION OF COMMISSION. The commission is
61	61	abolished and this Act expires December 31, 2018.
62	62	SECTION 4. EFFECTIVE DATE. This Act takes effect
63	63	immediately if it receives a vote of two-thirds of all the members
64	64	elected to each house, as provided by Section 39, Article III, Texas
65	65	Constitution. If this Act does not receive the vote necessary for
66	66	immediate effect, this Act takes effect September 1, 2017.