89R16142 MZM-F
By: Raymond H.B. No. 5254
A BILL TO BE ENTITLED
AN ACT
relating to a claim of actual innocence by a person convicted of a
criminal offense; creating the Texas Innocence Inquiry Commission.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act shall be known as the Texas Innocence
Inquiry Commission Act.
SECTION 2. Title 1, Code of Criminal Procedure, is amended
by adding Chapter 68 to read as follows:
CHAPTER 68. ACTUAL INNOCENCE
SUBCHAPTER A. GENERAL PROVISIONS
Art. 68.001. DEFINITIONS. In this chapter:
(1) "Commission" means the Texas Innocence Inquiry
Commission created under Chapter 79A, Government Code.
(2) "Presiding officer" means the presiding officer of
the commission.
(3) "Underlying case" means a criminal case that
results in a person's conviction and is the basis for a claim of
actual innocence under this chapter.
(4) "Victim" means a "close relative of a deceased
victim," "guardian of a victim," or "victim," as those terms are
defined by Article 56A.001.
Art. 68.002. RULES AND PROCEDURES. The commission may
adopt the rules and procedures reasonably necessary to administer
this chapter, but may not adopt a rule or procedure that would
exclude from any portion of a commission hearing:
(1) the attorney representing the state; or
(2) the attorney representing the convicted person.
SUBCHAPTER B. COMMISSION CONSIDERATION OF
CLAIM OF ACTUAL INNOCENCE
Art. 68.051. CLAIM OF ACTUAL INNOCENCE. (a) The commission
may:
(1) open a formal inquiry into a credible claim of
actual innocence of a convicted person on the filing of a claim of
actual innocence under this article; or
(2) dismiss a claim of actual innocence filed under
this article.
(b) A claim of actual innocence may be filed with the
commission by:
(1) a court;
(2) a state or local agency;
(3) an attorney representing a person convicted of a
felony offense;
(4) a person convicted of a felony offense; or
(5) a commission member.
(c) A claim of actual innocence must be supported by new
evidence that was not available at trial.
(d) The commission may not consider a claim of actual
innocence for a convicted person who is:
(1) deceased; or
(2) a codefendant in the underlying case unless the
codefendant:
(A) on or before the 60th day following the date
the codefendant received notice under Article 68.052(a), files a
separate claim of actual innocence with the commission; or
(B) after the 60th day following the date the
codefendant received notice under Article 68.052(a), shows good
cause for the delay in filing a separate claim of actual innocence
with the commission and obtains the approval of the presiding
officer to file the claim.
Art. 68.052. NOTICE OF FORMAL INQUIRY; PROGRESS UPDATES.
(a) If the commission opens a formal inquiry into the actual
innocence of a convicted person, the commission shall provide
notice to:
(1) the victim in the underlying case, including:
(A) an explanation of the commission's process
for considering a claim of actual innocence; and
(B) a description of the victim's right to
present evidence, information, or concerns to the commission; and
(2) each codefendant in the underlying case, including
a statement that the codefendant must file a claim of actual
innocence with the commission not later than the 60th day after the
date of receipt of the notice or the codefendant's claim of actual
innocence may be barred.
(b) At least once during each 180-day period, the commission
shall provide updates on the progress of a formal inquiry into the
actual innocence of a convicted person to:
(1) the office of the attorney representing the state
in the underlying case; and
(2) the attorney representing the convicted person.
(c) The update must include a summary of the actions taken
by the commission since any previous update and the results of any
forensic testing conducted as part of the formal inquiry.
Art. 68.053. FORMAL INQUIRY; WRITTEN AGREEMENT. (a) To
conduct a formal inquiry into the actual innocence of a convicted
person, the commission may:
(1) hold hearings, take testimony, receive evidence,
and administer oaths;
(2) issue subpoenas that relate to the purposes of the
inquiry;
(3) require, by subpoena or otherwise, the attendance
and testimony of a witness and the production of any book, record,
correspondence, memorandum, paper, document, or item, as the
commission determines necessary to carry out its duties; and
(4) order forensic testing on any physical evidence
produced as part of a formal inquiry, including physical evidence
preserved by a state or local agency as described by Article 68.058.
(b) At any point during the formal inquiry, the attorney
representing the state and the attorney representing the convicted
person may submit to the commission a written statement agreeing
that evidence of factual innocence of the convicted person is
sufficient to merit judicial review. The commission shall refer the
matter to the court that convicted the person in the underlying case
for an actual innocence court hearing under Subchapter C. The
commission shall complete a file in relation to the claim to the
extent applicable under Article 68.055(d)(1)(A) and shall release
the file to the appropriate entities as otherwise described by that
article.
Art. 68.054. COMMISSION HEARING; PREHEARING CONFERENCE.
(a) On completion of a formal inquiry under Article 68.053, all
evidence examined during the formal inquiry must be presented to
the commission at a public hearing.
(b) Not later than the 30th day before the date of the
hearing, the commission shall notify each victim in the underlying
case of:
(1) the date and time of the hearing; and
(2) the victim's right to appear at the hearing.
(c) A victim who receives notice under Subsection (b) and
plans to attend the hearing shall notify the commission not later
than the 10th day before the date of the hearing.
(d) Not later than the 10th day before the date of the
hearing, the commission shall hold a prehearing conference with:
(1) the office of the attorney representing the state
in the underlying case;
(2) the attorney representing the convicted person;
(3) the presiding officer; and
(4) any commission members necessary to assist the
presiding officer, as designated by the presiding officer.
(e) The attorney representing the state shall be provided an
opportunity to:
(1) inspect at the prehearing conference any evidence
that may be presented to the commission at the hearing and that has
not been previously presented to a court; and
(2) not later than 72 hours before the time the hearing
is scheduled to begin, submit to the commission a written statement
to be included as part of the hearing record.
(f) During the hearing, evidence may be presented and
considered regardless of its admissibility at trial.
(g) The commission shall make an audiovisual recording of
the hearing.
Art. 68.055. COMMISSION DETERMINATION AND REFERRAL. (a)
At the conclusion of the hearing under Article 68.054, the
commission by record vote shall issue a commission determination
that further action is merited if at least:
(1) five commission members agree sufficient evidence
of actual innocence exists to merit further action for a convicted
person who was originally convicted after a trial on the merits; or
(2) six commission members agree sufficient evidence
of actual innocence exists to merit further action for a convicted
person who was originally convicted after a plea of guilty or no
contest.
(b) If the commission issues a commission determination
that further action is merited, the commission shall refer the case
to:
(1) the court that convicted the person in the
underlying case for an actual innocence court hearing under
Subchapter C; or
(2) the Board of Pardons and Paroles, recommending
issuance of a pardon to the convicted person in accordance with
Chapter 48.
(c) The commission shall issue a written statement with
findings of fact supporting the commission determination.
(d) If the commission refers the case for an actual
innocence court hearing under Subchapter C, the commission shall:
(1) create a file of:
(A) all evidence and material considered by the
commission, including evidence, written testimony, records,
updates, or other material collected or created by the commission
as part of the formal inquiry under Article 68.053 or presented to
the commission during the commission hearing under Article 68.054;
(B) the written statement with findings of fact
supporting the commission determination made at the conclusion of
the hearing; and
(C) a full transcript of the commission hearing;
(2) submit the file to the court that convicted the
person in the underlying case; and
(3) provide the attorney representing the state and
the attorney representing the convicted person with a copy of the
file.
(e) A commission referral to the Board of Pardons and
Paroles recommending issuance of a pardon to the convicted person
in accordance with Chapter 48 must:
(1) be in writing;
(2) be signed by a majority of the commission members;
(3) include any recommendations for remittance of
fines or forfeitures; and
(4) include the reasons for the recommendation.
(f) The commission shall notify the victim in the underlying
case of the commission determination under this article.
Art. 68.056. RIGHT TO COUNSEL. (a) In this article,
"indigent" has the meaning assigned by Article 1.051.
(b) If the commission opens a formal inquiry into the actual
innocence of a convicted person, the convicted person has a right to
be represented by counsel and, if the person is indigent, to have an
attorney appointed to represent the person in all proceedings under
this chapter.
(c) If the convicted person is not represented by counsel at
the time a formal inquiry into the actual innocence of the convicted
person is opened:
(1) the commission shall submit for review the matter
of the person's indigence to the court that convicted the person in
the underlying case; and
(2) the court shall determine whether the convicted
person is indigent and appoint counsel for a person the court
determines is indigent.
(d) Compensation of the appointed counsel is provided in the
same manner as would be provided for the filing of an application
for a writ of habeas corpus with respect to the person's conviction
in the underlying case.
Art. 68.057. SUBPOENA AUTHORITY. (a) A person authorized
to serve process under the Texas Rules of Civil Procedure may serve
a subpoena issued under this chapter. The person shall serve the
subpoena in accordance with the Texas Rules of Civil Procedure.
(b) If a person refuses to obey a subpoena issued under this
chapter, the commission may apply to the court that convicted the
person in the underlying case for an order requiring compliance
with the subpoena. The court shall issue the order if the court
finds good cause exists for issuance of the subpoena under this
chapter. Failure to obey the court order is punishable by the court
as contempt.
Art. 68.058. PRESERVATION OF EVIDENCE; FORENSIC TESTING.
(a) The commission in investigating a claim of actual innocence may
submit a written notice to a state or local agency requiring the
agency to preserve any evidence held by the agency in connection to
the investigation or conviction in the underlying case.
(b) After receiving written notice under Subsection (a),
the state or local agency shall preserve all relevant evidence
until the commission notifies the agency in writing that the
commission no longer requires preservation of the evidence.
(c) The state or local agency shall provide the commission
with:
(1) copies of all documents or papers preserved as
required by this article; and
(2) access to inspect and examine any physical
evidence preserved as required by this article.
(d) The results of any forensic DNA analysis performed under
this chapter must be compatible with the CODIS DNA database
established by the Federal Bureau of Investigation. The commission
must make the results available for inclusion in that database.
Art. 68.059. REFERRAL AND DISCLOSURE OF EVIDENCE. (a)
Evidence of a crime, professional misconduct, or other wrongdoing
discovered by the commission during a formal inquiry or commission
hearing shall be referred to an appropriate agency or organization.
(b) Exculpatory evidence discovered by the commission
during a formal inquiry or commission hearing shall be disclosed to
the convicted person and the attorney representing the convicted
person.
Art. 68.060. RIGHT TO ASSERT PRIVILEGE. The commission may
require the testimony of any person as part of a formal inquiry or
commission hearing under this chapter, including the convicted
person. The person being examined or the person's counsel is
entitled to refuse to answer a question on the grounds of any
constitutional or other privilege, including the privilege against
self-incrimination.
Art. 68.061. CONFIDENTIALITY. All evidence, written
testimony, records, updates, or other material collected or created
by the commission as part of a formal inquiry is confidential and is
not subject to disclosure under Chapter 552, Government Code.
Art. 68.062. REPORT. Not later than November 1 of each
year, the commission shall prepare and submit a report of its
activities and recommendations, including any legislative or
policy changes the commission recommends, to each standing
committee of the senate and the house of representatives with
primary jurisdiction over criminal justice and to the
administrative director of the Office of Court Administration of
the Texas Judicial System. The commission shall also publish the
report on its Internet website.
SUBCHAPTER C. ACTUAL INNOCENCE COURT HEARING
Art. 68.101. ACTUAL INNOCENCE COURT HEARING. (a) On
receipt from the commission of a referral under Subchapter B, a
court shall hold an actual innocence court hearing and make a
finding as to whether clear and convincing evidence of the
convicted person's actual innocence exists.
(b) Except as provided by Subsection (c), the office of the
attorney representing the state in the underlying case shall
provide representation for the state at the hearing.
(c) If the commission concludes there is credible evidence
of prosecutorial misconduct in the underlying case, the presiding
officer may request that the attorney general appoint a special
prosecutor to represent the state at the hearing. On receiving a
request under this article, the attorney general shall appoint a
qualified attorney who did not prosecute or assist in the
prosecution of the underlying case to represent this state at the
hearing.
(d) Not later than the 30th day before the date of the
hearing, the clerk of the court shall provide notice to the victim
in the underlying case.
(e) The court may require the testimony of any person as
part of the hearing, including the convicted person. The person
being examined or the person's counsel is entitled to refuse to
answer a question on the grounds of any constitutional or other
privilege, including the privilege against self-incrimination.
(f) Evidence may be presented and considered at the hearing
regardless of its admissibility at trial.
Art. 68.102. FINDING OF ACTUAL INNOCENCE. If the court
finds clear and convincing evidence of the convicted person's
actual innocence, the court shall enter an order overturning the
person's conviction and dismissing the charges against the person
with prejudice.
Art. 68.103. APPEAL. An appeal under this chapter is to a
court of appeals in the same manner as an appeal of any other
criminal matter, except that if the convicted person was convicted
in a capital case and was sentenced to death, the appeal is a direct
appeal to the court of criminal appeals.
Art. 68.104. RECUSAL OF COMMISSION MEMBER. A commission
member shall recuse himself or herself from a hearing held under
Article 68.101 if the commission member was personally involved in
the investigation or prosecution of the underlying case.
Art. 68.105. POST-EXONERATION SUPPORT. If a person's
conviction is overturned due to a finding of actual innocence under
Article 68.102, the commission shall ensure the person has access
to:
(1) compensation in accordance with Section 103.001,
Civil Practice and Remedies Code;
(2) job training; and
(3) reintegration services, including services
provided to wrongfully imprisoned persons under Section 501.101,
Government Code.
SECTION 3. Subtitle F, Title 2, Government Code, is amended
by adding Chapter 79A to read as follows:
CHAPTER 79A. TEXAS INNOCENCE INQUIRY COMMISSION
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 79A.001. DEFINITIONS. In this chapter:
(1) "Commission" means the Texas Innocence Inquiry
Commission.
(2) "Office" means the Office of Court Administration
of the Texas Judicial System.
(3) "Presiding officer" means the presiding officer of
the commission.
Sec. 79A.002. CREATION. The Texas Innocence Inquiry
Commission is created.
SUBCHAPTER B. ADMINISTRATIVE PROVISIONS
Sec. 79A.051. COMPOSITION; TERMS. (a) The commission is
composed of the following eight members:
(1) a district court judge;
(2) a prosecuting attorney;
(3) a criminal defense attorney;
(4) a peace officer, as defined by Article 2A.001,
Code of Criminal Procedure;
(5) a private investigator licensed under Chapter
1702, Occupations Code;
(6) a victim's rights advocate; and
(7) two members of the public.
(b) Each member of the commission serves a two-year term
expiring on February 1 of each odd-numbered year.
(c) The members of the commission shall be appointed, on a
rotating basis, by:
(1) the governor;
(2) the attorney general;
(3) the chief justice of the supreme court;
(4) the presiding judge of the court of criminal
appeals;
(5) the chair of the house committee with primary
jurisdiction over criminal jurisprudence; and
(6) the chair of the senate committee with primary
jurisdiction over criminal justice.
Sec. 79A.052. PRESIDING OFFICER. The governor shall
appoint one member of the commission to serve as the commission's
presiding officer.
Sec. 79A.053. VACANCY. A vacancy on the commission is
filled in the same manner as the original appointment.
Sec. 79A.054. MEETINGS; QUORUM. (a) The commission shall
meet at the call of the presiding officer.
(b) Five members of the commission constitute a quorum for
transacting commission business.
Sec. 79A.055. COMPENSATION. Subject to the availability of
funds, a commission member is entitled only to reimbursement for
the member's travel expenses as provided by Chapter 660 and the
General Appropriations Act.
Sec. 79A.056. GROUNDS FOR REMOVAL. (a) It is a ground for
removal from the commission that a member:
(1) cannot, because of illness or disability,
discharge the member's duties for a substantial period; or
(2) is absent from more than half of the called
meetings that the member is eligible to attend during a calendar
year, unless the absence is excused by a majority vote of the
commission.
(b) The validity of an action of the commission is not
affected by the fact that it is taken when a ground for removal of a
commission member exists.
Sec. 79A.057. ADMINISTRATIVE ATTACHMENT; LIMITATIONS ON
OFFICE DUTIES. (a) The commission is administratively attached to
the office.
(b) The office shall provide administrative support to the
commission as necessary to enable the commission to carry out the
purposes of this chapter.
(c) Only the commission may exercise the duties of the
commission under this chapter and Chapter 68, Code of Criminal
Procedure. Except as provided by Subsection (b), the office does
not have any authority or responsibility over the duties assigned
to the commission under this chapter or Chapter 68, Code of Criminal
Procedure.
SUBCHAPTER C. GENERAL POWERS AND DUTIES OF COMMISSION
Sec. 79A.101. RULES. The commission may adopt the rules and
procedures necessary to administer this chapter.
Sec. 79A.102. DUTIES. In accordance with Chapter 68, Code
of Criminal Procedure, the commission shall investigate,
determine, and refer credible claims of actual innocence by a
person convicted of an offense. The commission shall:
(1) establish a screening process and criteria for the
review of claims of actual innocence by the commission that only
permit claims in which the person has been convicted solely for one
or more felony offenses for which the person claims actual
innocence;
(2) coordinate the investigation of claims of actual
innocence accepted for commission review;
(3) maintain records of all investigations of claims
of actual innocence;
(4) prepare a written report outlining commission
investigations and each commission recommendation submitted to a
court or the Board of Pardons and Paroles; and
(5) identify and accept any available federal or state
funding for the purposes of this chapter or Chapter 68, Code of
Criminal Procedure.
Sec. 79A.103. CONSULTANTS. (a) The commission may appoint
consultants to assist the commission in its duties.
(b) Subject to the approval of the presiding officer and as
money permits, a consultant may contract for services necessary to
assist the commission in the performance of its duties.
Sec. 79A.104. ACCEPTANCE OF GIFTS, GRANTS, AND OTHER FUNDS.
The commission may accept gifts, grants, and other funds from any
public or private source to pay expenses incurred in performing its
duties under this chapter.
SECTION 4. Section 103.001(a), Civil Practice and Remedies
Code, is amended to read as follows:
(a) A person is entitled to compensation if:
(1) the person has served in whole or in part a
sentence in prison under the laws of this state; and
(2) the person:
(A) has received a full pardon on the basis of
innocence for the crime for which the person was sentenced;
(B) has been granted relief in accordance with a
writ of habeas corpus that is based on a court finding or
determination that the person is actually innocent of the crime for
which the person was sentenced; [or]
(C) has been granted relief in accordance with a
writ of habeas corpus and:
(i) the state district court in which the
charge against the person was pending has entered an order
dismissing the charge; and
(ii) the district court's dismissal order
is based on a motion to dismiss in which the state's attorney states
that no credible evidence exists that inculpates the defendant and,
either in the motion or in an affidavit, the state's attorney states
that the state's attorney believes that the defendant is actually
innocent of the crime for which the person was sentenced; or
(D) has been granted relief in accordance with an
actual innocence court hearing under Chapter 68, Code of Criminal
Procedure.
SECTION 5. Section 103.003, Civil Practice and Remedies
Code, is amended to read as follows:
Sec. 103.003. LIMITATION ON TIME TO FILE. A person seeking
compensation under this chapter must file an application with the
comptroller for compensation under Subchapter B not later than the
third anniversary of the date:
(1) the person on whose imprisonment the claim is
based received a pardon as provided by Section 103.001(a)(2)(A);
(2) the person's application for a writ of habeas
corpus was granted as provided by Section 103.001(a)(2)(B); [or]
(3) an order of dismissal described by Section
103.001(a)(2)(C) was signed; or
(4) a finding of actual innocence was entered as
provided by Section 103.001(a)(2)(D).
SECTION 6. Article 43.141(d), Code of Criminal Procedure,
is amended to read as follows:
(d) The convicting court may modify or withdraw the order of
the court setting a date for execution in a death penalty case if
the court determines that additional proceedings are necessary on:
(1) a subsequent or untimely application for a writ of
habeas corpus filed under Article 11.071; [or]
(2) a motion for forensic testing of DNA evidence
submitted under Chapter 64; or
(3) a recommendation for an actual innocence court
hearing from the Texas Innocence Inquiry Commission under Chapter
68.
SECTION 7. Article 44.01(a), Code of Criminal Procedure, is
amended to read as follows:
(a) The state is entitled to appeal an order of a court in a
criminal case if the order:
(1) dismisses an indictment, information, or
complaint or any portion of an indictment, information, or
complaint;
(2) arrests or modifies a judgment;
(3) grants a new trial;
(4) sustains a claim of former jeopardy;
(5) grants a motion to suppress evidence, a
confession, or an admission, if jeopardy has not attached in the
case and if the prosecuting attorney certifies to the trial court
that the appeal is not taken for the purpose of delay and that the
evidence, confession, or admission is of substantial importance in
the case; or
(6) is issued under Chapter 64 or 68.
SECTION 8. Section 78.054(b), Government Code, is amended
to read as follows:
(b) The office may not represent a defendant in a federal
habeas review. The office may not represent a defendant in an action
or proceeding in state court other than an action or proceeding
that:
(1) is conducted under Article 11.071, Code of
Criminal Procedure;
(2) is collateral to the preparation of an application
under Article 11.071, Code of Criminal Procedure;
(3) concerns any other post-conviction matter in a
death penalty case other than a direct appeal, including an action
or proceeding under Article 46.05 or Chapter 64 or 68, Code of
Criminal Procedure; or
(4) is conducted under Article 11.073, Code of
Criminal Procedure, or is collateral to the preparation of an
application under Article 11.073, Code of Criminal Procedure, if
the case was referred in writing to the office by the Texas Forensic
Science Commission under Section 4(h), Article 38.01, Code of
Criminal Procedure.
SECTION 9. Section 501.101(a), Government Code, is amended
to read as follows:
(a) In this section, "wrongfully imprisoned person" means a
person who:
(1) has served in whole or in part a sentence in a
facility operated by or under contract with the department; and
(2) has:
(A) received a pardon for innocence for the crime
for which the person was sentenced;
(B) been granted relief in accordance with a writ
of habeas corpus that is based on a court finding or determination
that the person is actually innocent of the crime for which the
person was sentenced; [or]
(C) been granted relief in accordance with a writ
of habeas corpus and:
(i) the state district court in which the
charge against the person was pending has entered an order
dismissing the charge; and
(ii) the district court's dismissal order
is based on a motion to dismiss in which the state's attorney states
that no credible evidence exists that inculpates the defendant and,
either in the motion or in an affidavit, the state's attorney states
that the state's attorney believes that the defendant is actually
innocent of the crime for which the person was sentenced; or
(D) been granted relief in accordance with an
actual innocence court hearing under Chapter 68, Code of Criminal
Procedure.
SECTION 10. As soon as practicable after the effective date
of this Act, the Office of Court Administration of the Texas
Judicial System shall provide administrative support to the Texas
Innocence Inquiry Commission established by this Act, and the
appropriate appointing entities shall appoint members of the
commission as required by Section 79A.051, Government Code, as
added by this Act, to terms expiring February 1, 2027.
SECTION 11. This Act takes effect September 1, 2025.