Texas 2025 - 89th Regular

Texas House Bill HB5254 Compare Versions

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

Old	New	Differences
1	1	89R16142 MZM-F
2	2	By: Raymond H.B. No. 5254
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to a claim of actual innocence by a person convicted of a
10	10	criminal offense; creating the Texas Innocence Inquiry Commission.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. This Act shall be known as the Texas Innocence
13	13	Inquiry Commission Act.
14	14	SECTION 2. Title 1, Code of Criminal Procedure, is amended
15	15	by adding Chapter 68 to read as follows:
16	16	CHAPTER 68. ACTUAL INNOCENCE
17	17	SUBCHAPTER A. GENERAL PROVISIONS
18	18	Art. 68.001. DEFINITIONS. In this chapter:
19	19	(1) "Commission" means the Texas Innocence Inquiry
20	20	Commission created under Chapter 79A, Government Code.
21	21	(2) "Presiding officer" means the presiding officer of
22	22	the commission.
23	23	(3) "Underlying case" means a criminal case that
24	24	results in a person's conviction and is the basis for a claim of
25	25	actual innocence under this chapter.
26	26	(4) "Victim" means a "close relative of a deceased
27	27	victim," "guardian of a victim," or "victim," as those terms are
28	28	defined by Article 56A.001.
29	29	Art. 68.002. RULES AND PROCEDURES. The commission may
30	30	adopt the rules and procedures reasonably necessary to administer
31	31	this chapter, but may not adopt a rule or procedure that would
32	32	exclude from any portion of a commission hearing:
33	33	(1) the attorney representing the state; or
34	34	(2) the attorney representing the convicted person.
35	35	SUBCHAPTER B. COMMISSION CONSIDERATION OF
36	36	CLAIM OF ACTUAL INNOCENCE
37	37	Art. 68.051. CLAIM OF ACTUAL INNOCENCE. (a) The commission
38	38	may:
39	39	(1) open a formal inquiry into a credible claim of
40	40	actual innocence of a convicted person on the filing of a claim of
41	41	actual innocence under this article; or
42	42	(2) dismiss a claim of actual innocence filed under
43	43	this article.
44	44	(b) A claim of actual innocence may be filed with the
45	45	commission by:
46	46	(1) a court;
47	47	(2) a state or local agency;
48	48	(3) an attorney representing a person convicted of a
49	49	felony offense;
50	50	(4) a person convicted of a felony offense; or
51	51	(5) a commission member.
52	52	(c) A claim of actual innocence must be supported by new
53	53	evidence that was not available at trial.
54	54	(d) The commission may not consider a claim of actual
55	55	innocence for a convicted person who is:
56	56	(1) deceased; or
57	57	(2) a codefendant in the underlying case unless the
58	58	codefendant:
59	59	(A) on or before the 60th day following the date
60	60	the codefendant received notice under Article 68.052(a), files a
61	61	separate claim of actual innocence with the commission; or
62	62	(B) after the 60th day following the date the
63	63	codefendant received notice under Article 68.052(a), shows good
64	64	cause for the delay in filing a separate claim of actual innocence
65	65	with the commission and obtains the approval of the presiding
66	66	officer to file the claim.
67	67	Art. 68.052. NOTICE OF FORMAL INQUIRY; PROGRESS UPDATES.
68	68	(a) If the commission opens a formal inquiry into the actual
69	69	innocence of a convicted person, the commission shall provide
70	70	notice to:
71	71	(1) the victim in the underlying case, including:
72	72	(A) an explanation of the commission's process
73	73	for considering a claim of actual innocence; and
74	74	(B) a description of the victim's right to
75	75	present evidence, information, or concerns to the commission; and
76	76	(2) each codefendant in the underlying case, including
77	77	a statement that the codefendant must file a claim of actual
78	78	innocence with the commission not later than the 60th day after the
79	79	date of receipt of the notice or the codefendant's claim of actual
80	80	innocence may be barred.
81	81	(b) At least once during each 180-day period, the commission
82	82	shall provide updates on the progress of a formal inquiry into the
83	83	actual innocence of a convicted person to:
84	84	(1) the office of the attorney representing the state
85	85	in the underlying case; and
86	86	(2) the attorney representing the convicted person.
87	87	(c) The update must include a summary of the actions taken
88	88	by the commission since any previous update and the results of any
89	89	forensic testing conducted as part of the formal inquiry.
90	90	Art. 68.053. FORMAL INQUIRY; WRITTEN AGREEMENT. (a) To
91	91	conduct a formal inquiry into the actual innocence of a convicted
92	92	person, the commission may:
93	93	(1) hold hearings, take testimony, receive evidence,
94	94	and administer oaths;
95	95	(2) issue subpoenas that relate to the purposes of the
96	96	inquiry;
97	97	(3) require, by subpoena or otherwise, the attendance
98	98	and testimony of a witness and the production of any book, record,
99	99	correspondence, memorandum, paper, document, or item, as the
100	100	commission determines necessary to carry out its duties; and
101	101	(4) order forensic testing on any physical evidence
102	102	produced as part of a formal inquiry, including physical evidence
103	103	preserved by a state or local agency as described by Article 68.058.
104	104	(b) At any point during the formal inquiry, the attorney
105	105	representing the state and the attorney representing the convicted
106	106	person may submit to the commission a written statement agreeing
107	107	that evidence of factual innocence of the convicted person is
108	108	sufficient to merit judicial review. The commission shall refer the
109	109	matter to the court that convicted the person in the underlying case
110	110	for an actual innocence court hearing under Subchapter C. The
111	111	commission shall complete a file in relation to the claim to the
112	112	extent applicable under Article 68.055(d)(1)(A) and shall release
113	113	the file to the appropriate entities as otherwise described by that
114	114	article.
115	115	Art. 68.054. COMMISSION HEARING; PREHEARING CONFERENCE.
116	116	(a) On completion of a formal inquiry under Article 68.053, all
117	117	evidence examined during the formal inquiry must be presented to
118	118	the commission at a public hearing.
119	119	(b) Not later than the 30th day before the date of the
120	120	hearing, the commission shall notify each victim in the underlying
121	121	case of:
122	122	(1) the date and time of the hearing; and
123	123	(2) the victim's right to appear at the hearing.
124	124	(c) A victim who receives notice under Subsection (b) and
125	125	plans to attend the hearing shall notify the commission not later
126	126	than the 10th day before the date of the hearing.
127	127	(d) Not later than the 10th day before the date of the
128	128	hearing, the commission shall hold a prehearing conference with:
129	129	(1) the office of the attorney representing the state
130	130	in the underlying case;
131	131	(2) the attorney representing the convicted person;
132	132	(3) the presiding officer; and
133	133	(4) any commission members necessary to assist the
134	134	presiding officer, as designated by the presiding officer.
135	135	(e) The attorney representing the state shall be provided an
136	136	opportunity to:
137	137	(1) inspect at the prehearing conference any evidence
138	138	that may be presented to the commission at the hearing and that has
139	139	not been previously presented to a court; and
140	140	(2) not later than 72 hours before the time the hearing
141	141	is scheduled to begin, submit to the commission a written statement
142	142	to be included as part of the hearing record.
143	143	(f) During the hearing, evidence may be presented and
144	144	considered regardless of its admissibility at trial.
145	145	(g) The commission shall make an audiovisual recording of
146	146	the hearing.
147	147	Art. 68.055. COMMISSION DETERMINATION AND REFERRAL. (a)
148	148	At the conclusion of the hearing under Article 68.054, the
149	149	commission by record vote shall issue a commission determination
150	150	that further action is merited if at least:
151	151	(1) five commission members agree sufficient evidence
152	152	of actual innocence exists to merit further action for a convicted
153	153	person who was originally convicted after a trial on the merits; or
154	154	(2) six commission members agree sufficient evidence
155	155	of actual innocence exists to merit further action for a convicted
156	156	person who was originally convicted after a plea of guilty or no
157	157	contest.
158	158	(b) If the commission issues a commission determination
159	159	that further action is merited, the commission shall refer the case
160	160	to:
161	161	(1) the court that convicted the person in the
162	162	underlying case for an actual innocence court hearing under
163	163	Subchapter C; or
164	164	(2) the Board of Pardons and Paroles, recommending
165	165	issuance of a pardon to the convicted person in accordance with
166	166	Chapter 48.
167	167	(c) The commission shall issue a written statement with
168	168	findings of fact supporting the commission determination.
169	169	(d) If the commission refers the case for an actual
170	170	innocence court hearing under Subchapter C, the commission shall:
171	171	(1) create a file of:
172	172	(A) all evidence and material considered by the
173	173	commission, including evidence, written testimony, records,
174	174	updates, or other material collected or created by the commission
175	175	as part of the formal inquiry under Article 68.053 or presented to
176	176	the commission during the commission hearing under Article 68.054;
177	177	(B) the written statement with findings of fact
178	178	supporting the commission determination made at the conclusion of
179	179	the hearing; and
180	180	(C) a full transcript of the commission hearing;
181	181	(2) submit the file to the court that convicted the
182	182	person in the underlying case; and
183	183	(3) provide the attorney representing the state and
184	184	the attorney representing the convicted person with a copy of the
185	185	file.
186	186	(e) A commission referral to the Board of Pardons and
187	187	Paroles recommending issuance of a pardon to the convicted person
188	188	in accordance with Chapter 48 must:
189	189	(1) be in writing;
190	190	(2) be signed by a majority of the commission members;
191	191	(3) include any recommendations for remittance of
192	192	fines or forfeitures; and
193	193	(4) include the reasons for the recommendation.
194	194	(f) The commission shall notify the victim in the underlying
195	195	case of the commission determination under this article.
196	196	Art. 68.056. RIGHT TO COUNSEL. (a) In this article,
197	197	"indigent" has the meaning assigned by Article 1.051.
198	198	(b) If the commission opens a formal inquiry into the actual
199	199	innocence of a convicted person, the convicted person has a right to
200	200	be represented by counsel and, if the person is indigent, to have an
201	201	attorney appointed to represent the person in all proceedings under
202	202	this chapter.
203	203	(c) If the convicted person is not represented by counsel at
204	204	the time a formal inquiry into the actual innocence of the convicted
205	205	person is opened:
206	206	(1) the commission shall submit for review the matter
207	207	of the person's indigence to the court that convicted the person in
208	208	the underlying case; and
209	209	(2) the court shall determine whether the convicted
210	210	person is indigent and appoint counsel for a person the court
211	211	determines is indigent.
212	212	(d) Compensation of the appointed counsel is provided in the
213	213	same manner as would be provided for the filing of an application
214	214	for a writ of habeas corpus with respect to the person's conviction
215	215	in the underlying case.
216	216	Art. 68.057. SUBPOENA AUTHORITY. (a) A person authorized
217	217	to serve process under the Texas Rules of Civil Procedure may serve
218	218	a subpoena issued under this chapter. The person shall serve the
219	219	subpoena in accordance with the Texas Rules of Civil Procedure.
220	220	(b) If a person refuses to obey a subpoena issued under this
221	221	chapter, the commission may apply to the court that convicted the
222	222	person in the underlying case for an order requiring compliance
223	223	with the subpoena. The court shall issue the order if the court
224	224	finds good cause exists for issuance of the subpoena under this
225	225	chapter. Failure to obey the court order is punishable by the court
226	226	as contempt.
227	227	Art. 68.058. PRESERVATION OF EVIDENCE; FORENSIC TESTING.
228	228	(a) The commission in investigating a claim of actual innocence may
229	229	submit a written notice to a state or local agency requiring the
230	230	agency to preserve any evidence held by the agency in connection to
231	231	the investigation or conviction in the underlying case.
232	232	(b) After receiving written notice under Subsection (a),
233	233	the state or local agency shall preserve all relevant evidence
234	234	until the commission notifies the agency in writing that the
235	235	commission no longer requires preservation of the evidence.
236	236	(c) The state or local agency shall provide the commission
237	237	with:
238	238	(1) copies of all documents or papers preserved as
239	239	required by this article; and
240	240	(2) access to inspect and examine any physical
241	241	evidence preserved as required by this article.
242	242	(d) The results of any forensic DNA analysis performed under
243	243	this chapter must be compatible with the CODIS DNA database
244	244	established by the Federal Bureau of Investigation. The commission
245	245	must make the results available for inclusion in that database.
246	246	Art. 68.059. REFERRAL AND DISCLOSURE OF EVIDENCE. (a)
247	247	Evidence of a crime, professional misconduct, or other wrongdoing
248	248	discovered by the commission during a formal inquiry or commission
249	249	hearing shall be referred to an appropriate agency or organization.
250	250	(b) Exculpatory evidence discovered by the commission
251	251	during a formal inquiry or commission hearing shall be disclosed to
252	252	the convicted person and the attorney representing the convicted
253	253	person.
254	254	Art. 68.060. RIGHT TO ASSERT PRIVILEGE. The commission may
255	255	require the testimony of any person as part of a formal inquiry or
256	256	commission hearing under this chapter, including the convicted
257	257	person. The person being examined or the person's counsel is
258	258	entitled to refuse to answer a question on the grounds of any
259	259	constitutional or other privilege, including the privilege against
260	260	self-incrimination.
261	261	Art. 68.061. CONFIDENTIALITY. All evidence, written
262	262	testimony, records, updates, or other material collected or created
263	263	by the commission as part of a formal inquiry is confidential and is
264	264	not subject to disclosure under Chapter 552, Government Code.
265	265	Art. 68.062. REPORT. Not later than November 1 of each
266	266	year, the commission shall prepare and submit a report of its
267	267	activities and recommendations, including any legislative or
268	268	policy changes the commission recommends, to each standing
269	269	committee of the senate and the house of representatives with
270	270	primary jurisdiction over criminal justice and to the
271	271	administrative director of the Office of Court Administration of
272	272	the Texas Judicial System. The commission shall also publish the
273	273	report on its Internet website.
274	274	SUBCHAPTER C. ACTUAL INNOCENCE COURT HEARING
275	275	Art. 68.101. ACTUAL INNOCENCE COURT HEARING. (a) On
276	276	receipt from the commission of a referral under Subchapter B, a
277	277	court shall hold an actual innocence court hearing and make a
278	278	finding as to whether clear and convincing evidence of the
279	279	convicted person's actual innocence exists.
280	280	(b) Except as provided by Subsection (c), the office of the
281	281	attorney representing the state in the underlying case shall
282	282	provide representation for the state at the hearing.
283	283	(c) If the commission concludes there is credible evidence
284	284	of prosecutorial misconduct in the underlying case, the presiding
285	285	officer may request that the attorney general appoint a special
286	286	prosecutor to represent the state at the hearing. On receiving a
287	287	request under this article, the attorney general shall appoint a
288	288	qualified attorney who did not prosecute or assist in the
289	289	prosecution of the underlying case to represent this state at the
290	290	hearing.
291	291	(d) Not later than the 30th day before the date of the
292	292	hearing, the clerk of the court shall provide notice to the victim
293	293	in the underlying case.
294	294	(e) The court may require the testimony of any person as
295	295	part of the hearing, including the convicted person. The person
296	296	being examined or the person's counsel is entitled to refuse to
297	297	answer a question on the grounds of any constitutional or other
298	298	privilege, including the privilege against self-incrimination.
299	299	(f) Evidence may be presented and considered at the hearing
300	300	regardless of its admissibility at trial.
301	301	Art. 68.102. FINDING OF ACTUAL INNOCENCE. If the court
302	302	finds clear and convincing evidence of the convicted person's
303	303	actual innocence, the court shall enter an order overturning the
304	304	person's conviction and dismissing the charges against the person
305	305	with prejudice.
306	306	Art. 68.103. APPEAL. An appeal under this chapter is to a
307	307	court of appeals in the same manner as an appeal of any other
308	308	criminal matter, except that if the convicted person was convicted
309	309	in a capital case and was sentenced to death, the appeal is a direct
310	310	appeal to the court of criminal appeals.
311	311	Art. 68.104. RECUSAL OF COMMISSION MEMBER. A commission
312	312	member shall recuse himself or herself from a hearing held under
313	313	Article 68.101 if the commission member was personally involved in
314	314	the investigation or prosecution of the underlying case.
315	315	Art. 68.105. POST-EXONERATION SUPPORT. If a person's
316	316	conviction is overturned due to a finding of actual innocence under
317	317	Article 68.102, the commission shall ensure the person has access
318	318	to:
319	319	(1) compensation in accordance with Section 103.001,
320	320	Civil Practice and Remedies Code;
321	321	(2) job training; and
322	322	(3) reintegration services, including services
323	323	provided to wrongfully imprisoned persons under Section 501.101,
324	324	Government Code.
325	325	SECTION 3. Subtitle F, Title 2, Government Code, is amended
326	326	by adding Chapter 79A to read as follows:
327	327	CHAPTER 79A. TEXAS INNOCENCE INQUIRY COMMISSION
328	328	SUBCHAPTER A. GENERAL PROVISIONS
329	329	Sec. 79A.001. DEFINITIONS. In this chapter:
330	330	(1) "Commission" means the Texas Innocence Inquiry
331	331	Commission.
332	332	(2) "Office" means the Office of Court Administration
333	333	of the Texas Judicial System.
334	334	(3) "Presiding officer" means the presiding officer of
335	335	the commission.
336	336	Sec. 79A.002. CREATION. The Texas Innocence Inquiry
337	337	Commission is created.
338	338	SUBCHAPTER B. ADMINISTRATIVE PROVISIONS
339	339	Sec. 79A.051. COMPOSITION; TERMS. (a) The commission is
340	340	composed of the following eight members:
341	341	(1) a district court judge;
342	342	(2) a prosecuting attorney;
343	343	(3) a criminal defense attorney;
344	344	(4) a peace officer, as defined by Article 2A.001,
345	345	Code of Criminal Procedure;
346	346	(5) a private investigator licensed under Chapter
347	347	1702, Occupations Code;
348	348	(6) a victim's rights advocate; and
349	349	(7) two members of the public.
350	350	(b) Each member of the commission serves a two-year term
351	351	expiring on February 1 of each odd-numbered year.
352	352	(c) The members of the commission shall be appointed, on a
353	353	rotating basis, by:
354	354	(1) the governor;
355	355	(2) the attorney general;
356	356	(3) the chief justice of the supreme court;
357	357	(4) the presiding judge of the court of criminal
358	358	appeals;
359	359	(5) the chair of the house committee with primary
360	360	jurisdiction over criminal jurisprudence; and
361	361	(6) the chair of the senate committee with primary
362	362	jurisdiction over criminal justice.
363	363	Sec. 79A.052. PRESIDING OFFICER. The governor shall
364	364	appoint one member of the commission to serve as the commission's
365	365	presiding officer.
366	366	Sec. 79A.053. VACANCY. A vacancy on the commission is
367	367	filled in the same manner as the original appointment.
368	368	Sec. 79A.054. MEETINGS; QUORUM. (a) The commission shall
369	369	meet at the call of the presiding officer.
370	370	(b) Five members of the commission constitute a quorum for
371	371	transacting commission business.
372	372	Sec. 79A.055. COMPENSATION. Subject to the availability of
373	373	funds, a commission member is entitled only to reimbursement for
374	374	the member's travel expenses as provided by Chapter 660 and the
375	375	General Appropriations Act.
376	376	Sec. 79A.056. GROUNDS FOR REMOVAL. (a) It is a ground for
377	377	removal from the commission that a member:
378	378	(1) cannot, because of illness or disability,
379	379	discharge the member's duties for a substantial period; or
380	380	(2) is absent from more than half of the called
381	381	meetings that the member is eligible to attend during a calendar
382	382	year, unless the absence is excused by a majority vote of the
383	383	commission.
384	384	(b) The validity of an action of the commission is not
385	385	affected by the fact that it is taken when a ground for removal of a
386	386	commission member exists.
387	387	Sec. 79A.057. ADMINISTRATIVE ATTACHMENT; LIMITATIONS ON
388	388	OFFICE DUTIES. (a) The commission is administratively attached to
389	389	the office.
390	390	(b) The office shall provide administrative support to the
391	391	commission as necessary to enable the commission to carry out the
392	392	purposes of this chapter.
393	393	(c) Only the commission may exercise the duties of the
394	394	commission under this chapter and Chapter 68, Code of Criminal
395	395	Procedure. Except as provided by Subsection (b), the office does
396	396	not have any authority or responsibility over the duties assigned
397	397	to the commission under this chapter or Chapter 68, Code of Criminal
398	398	Procedure.
399	399	SUBCHAPTER C. GENERAL POWERS AND DUTIES OF COMMISSION
400	400	Sec. 79A.101. RULES. The commission may adopt the rules and
401	401	procedures necessary to administer this chapter.
402	402	Sec. 79A.102. DUTIES. In accordance with Chapter 68, Code
403	403	of Criminal Procedure, the commission shall investigate,
404	404	determine, and refer credible claims of actual innocence by a
405	405	person convicted of an offense. The commission shall:
406	406	(1) establish a screening process and criteria for the
407	407	review of claims of actual innocence by the commission that only
408	408	permit claims in which the person has been convicted solely for one
409	409	or more felony offenses for which the person claims actual
410	410	innocence;
411	411	(2) coordinate the investigation of claims of actual
412	412	innocence accepted for commission review;
413	413	(3) maintain records of all investigations of claims
414	414	of actual innocence;
415	415	(4) prepare a written report outlining commission
416	416	investigations and each commission recommendation submitted to a
417	417	court or the Board of Pardons and Paroles; and
418	418	(5) identify and accept any available federal or state
419	419	funding for the purposes of this chapter or Chapter 68, Code of
420	420	Criminal Procedure.
421	421	Sec. 79A.103. CONSULTANTS. (a) The commission may appoint
422	422	consultants to assist the commission in its duties.
423	423	(b) Subject to the approval of the presiding officer and as
424	424	money permits, a consultant may contract for services necessary to
425	425	assist the commission in the performance of its duties.
426	426	Sec. 79A.104. ACCEPTANCE OF GIFTS, GRANTS, AND OTHER FUNDS.
427	427	The commission may accept gifts, grants, and other funds from any
428	428	public or private source to pay expenses incurred in performing its
429	429	duties under this chapter.
430	430	SECTION 4. Section 103.001(a), Civil Practice and Remedies
431	431	Code, is amended to read as follows:
432	432	(a) A person is entitled to compensation if:
433	433	(1) the person has served in whole or in part a
434	434	sentence in prison under the laws of this state; and
435	435	(2) the person:
436	436	(A) has received a full pardon on the basis of
437	437	innocence for the crime for which the person was sentenced;
438	438	(B) has been granted relief in accordance with a
439	439	writ of habeas corpus that is based on a court finding or
440	440	determination that the person is actually innocent of the crime for
441	441	which the person was sentenced; [or]
442	442	(C) has been granted relief in accordance with a
443	443	writ of habeas corpus and:
444	444	(i) the state district court in which the
445	445	charge against the person was pending has entered an order
446	446	dismissing the charge; and
447	447	(ii) the district court's dismissal order
448	448	is based on a motion to dismiss in which the state's attorney states
449	449	that no credible evidence exists that inculpates the defendant and,
450	450	either in the motion or in an affidavit, the state's attorney states
451	451	that the state's attorney believes that the defendant is actually
452	452	innocent of the crime for which the person was sentenced; or
453	453	(D) has been granted relief in accordance with an
454	454	actual innocence court hearing under Chapter 68, Code of Criminal
455	455	Procedure.
456	456	SECTION 5. Section 103.003, Civil Practice and Remedies
457	457	Code, is amended to read as follows:
458	458	Sec. 103.003. LIMITATION ON TIME TO FILE. A person seeking
459	459	compensation under this chapter must file an application with the
460	460	comptroller for compensation under Subchapter B not later than the
461	461	third anniversary of the date:
462	462	(1) the person on whose imprisonment the claim is
463	463	based received a pardon as provided by Section 103.001(a)(2)(A);
464	464	(2) the person's application for a writ of habeas
465	465	corpus was granted as provided by Section 103.001(a)(2)(B); [or]
466	466	(3) an order of dismissal described by Section
467	467	103.001(a)(2)(C) was signed; or
468	468	(4) a finding of actual innocence was entered as
469	469	provided by Section 103.001(a)(2)(D).
470	470	SECTION 6. Article 43.141(d), Code of Criminal Procedure,
471	471	is amended to read as follows:
472	472	(d) The convicting court may modify or withdraw the order of
473	473	the court setting a date for execution in a death penalty case if
474	474	the court determines that additional proceedings are necessary on:
475	475	(1) a subsequent or untimely application for a writ of
476	476	habeas corpus filed under Article 11.071; [or]
477	477	(2) a motion for forensic testing of DNA evidence
478	478	submitted under Chapter 64; or
479	479	(3) a recommendation for an actual innocence court
480	480	hearing from the Texas Innocence Inquiry Commission under Chapter
481	481	68.
482	482	SECTION 7. Article 44.01(a), Code of Criminal Procedure, is
483	483	amended to read as follows:
484	484	(a) The state is entitled to appeal an order of a court in a
485	485	criminal case if the order:
486	486	(1) dismisses an indictment, information, or
487	487	complaint or any portion of an indictment, information, or
488	488	complaint;
489	489	(2) arrests or modifies a judgment;
490	490	(3) grants a new trial;
491	491	(4) sustains a claim of former jeopardy;
492	492	(5) grants a motion to suppress evidence, a
493	493	confession, or an admission, if jeopardy has not attached in the
494	494	case and if the prosecuting attorney certifies to the trial court
495	495	that the appeal is not taken for the purpose of delay and that the
496	496	evidence, confession, or admission is of substantial importance in
497	497	the case; or
498	498	(6) is issued under Chapter 64 or 68.
499	499	SECTION 8. Section 78.054(b), Government Code, is amended
500	500	to read as follows:
501	501	(b) The office may not represent a defendant in a federal
502	502	habeas review. The office may not represent a defendant in an action
503	503	or proceeding in state court other than an action or proceeding
504	504	that:
505	505	(1) is conducted under Article 11.071, Code of
506	506	Criminal Procedure;
507	507	(2) is collateral to the preparation of an application
508	508	under Article 11.071, Code of Criminal Procedure;
509	509	(3) concerns any other post-conviction matter in a
510	510	death penalty case other than a direct appeal, including an action
511	511	or proceeding under Article 46.05 or Chapter 64 or 68, Code of
512	512	Criminal Procedure; or
513	513	(4) is conducted under Article 11.073, Code of
514	514	Criminal Procedure, or is collateral to the preparation of an
515	515	application under Article 11.073, Code of Criminal Procedure, if
516	516	the case was referred in writing to the office by the Texas Forensic
517	517	Science Commission under Section 4(h), Article 38.01, Code of
518	518	Criminal Procedure.
519	519	SECTION 9. Section 501.101(a), Government Code, is amended
520	520	to read as follows:
521	521	(a) In this section, "wrongfully imprisoned person" means a
522	522	person who:
523	523	(1) has served in whole or in part a sentence in a
524	524	facility operated by or under contract with the department; and
525	525	(2) has:
526	526	(A) received a pardon for innocence for the crime
527	527	for which the person was sentenced;
528	528	(B) been granted relief in accordance with a writ
529	529	of habeas corpus that is based on a court finding or determination
530	530	that the person is actually innocent of the crime for which the
531	531	person was sentenced; [or]
532	532	(C) been granted relief in accordance with a writ
533	533	of habeas corpus and:
534	534	(i) the state district court in which the
535	535	charge against the person was pending has entered an order
536	536	dismissing the charge; and
537	537	(ii) the district court's dismissal order
538	538	is based on a motion to dismiss in which the state's attorney states
539	539	that no credible evidence exists that inculpates the defendant and,
540	540	either in the motion or in an affidavit, the state's attorney states
541	541	that the state's attorney believes that the defendant is actually
542	542	innocent of the crime for which the person was sentenced; or
543	543	(D) been granted relief in accordance with an
544	544	actual innocence court hearing under Chapter 68, Code of Criminal
545	545	Procedure.
546	546	SECTION 10. As soon as practicable after the effective date
547	547	of this Act, the Office of Court Administration of the Texas
548	548	Judicial System shall provide administrative support to the Texas
549	549	Innocence Inquiry Commission established by this Act, and the
550	550	appropriate appointing entities shall appoint members of the
551	551	commission as required by Section 79A.051, Government Code, as
552	552	added by this Act, to terms expiring February 1, 2027.
553	553	SECTION 11. This Act takes effect September 1, 2025.