| 1 | 1 | | 85R5561 LHC-F |
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| 2 | 2 | | By: Menéndez S.B. No. 2183 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the creation of an innocence project grant program. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 79.039(a), Government Code, is amended |
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| 10 | 10 | | to read as follows: |
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| 11 | 11 | | (a) Each legal clinic or program in this state [that is |
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| 12 | 12 | | operated by a law school and] that receives financial support from |
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| 13 | 13 | | the commission shall submit to the commission an annual report |
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| 14 | 14 | | regarding criminal cases: |
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| 15 | 15 | | (1) in which the clinic or program has provided legal |
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| 16 | 16 | | services to an indigent defendant during the preceding calendar |
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| 17 | 17 | | year; and |
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| 18 | 18 | | (2) in which: |
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| 19 | 19 | | (A) based on a finding of actual innocence, the |
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| 20 | 20 | | court of criminal appeals overturns a conviction; or |
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| 21 | 21 | | (B) the governor issues a pardon based on actual |
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| 22 | 22 | | innocence. |
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| 23 | 23 | | SECTION 2. Subchapter C, Chapter 79, Government Code, is |
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| 24 | 24 | | amended by adding Section 79.041 to read as follows: |
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| 25 | 25 | | Sec. 79.041. INNOCENCE PROJECT GRANT PROGRAM. (a) Using |
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| 26 | 26 | | any funds available for the purpose, the commission may establish |
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| 27 | 27 | | an innocence project grant program to support: |
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| 28 | 28 | | (1) projects that screen, investigate, and litigate |
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| 29 | 29 | | post-conviction claims of actual innocence in non-capital cases in |
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| 30 | 30 | | this state; and |
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| 31 | 31 | | (2) associated expenses necessary to conduct those |
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| 32 | 32 | | activities. |
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| 33 | 33 | | (b) In making grant awards under the program, the commission |
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| 34 | 34 | | shall promote among projects coordinated strategies that will |
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| 35 | 35 | | enable those projects to efficiently screen requests for assistance |
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| 36 | 36 | | and to engage in effective investigation and litigation activities. |
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| 37 | 37 | | (c) Only the following entities are eligible to receive |
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| 38 | 38 | | grants under the program: |
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| 39 | 39 | | (1) a public or private law school in Texas; or |
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| 40 | 40 | | (2) a nonprofit organization based in this state that |
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| 41 | 41 | | operates an innocence project. |
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| 42 | 42 | | (d) The commission may adopt rules to implement this |
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| 43 | 43 | | section. |
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| 44 | 44 | | SECTION 3. This Act takes effect September 1, 2017. |
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