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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of a commission to investigate and prevent |
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wrongful convictions. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 43, Code of Criminal Procedure, is |
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amended by adding Article 43.27 to read as follows: |
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Art. 43.27. TEXAS INNOCENCE COMMISSION |
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Sec. 1. CREATION. The Texas Innocence Commission is |
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created. |
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Sec. 2. COMPOSITION. (a) The commission is composed of |
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nine members. The governor shall appoint two members, one of whom |
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must be a dean of a law school and one of whom must be a law |
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enforcement officer. The lieutenant governor shall appoint one |
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member, who may be a member of the legislature. The speaker of the |
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house of representatives shall appoint one member, who may be a |
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member of the legislature. The presiding judge of the court of |
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criminal appeals shall appoint one member, who must be a member of |
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the judiciary. The presiding officer of the Texas Forensic Science |
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Commission shall appoint one member, who must work in the forensic |
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science field. The Texas District and County Attorneys Association |
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shall appoint one member, who must be a prosecuting attorney. The |
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Texas Criminal Defense Lawyers Association shall appoint one |
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member, who must be a criminal defense lawyer. The president of the |
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Texas Center for Actual Innocence at The University of Texas School |
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of Law, the director of the innocence project at the University of |
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Houston Law Center, or the director of the innocence project at the |
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Texas Tech University School of Law, on a rotating basis, shall |
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appoint one member, who must be an attorney with experience in |
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filing successful appellate claims based on actual innocence. |
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(b) Each member serves a two-year term. |
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(c) The governor shall designate a member to serve as |
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presiding officer. |
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Sec. 3. DUTIES. (a) The commission shall investigate |
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thoroughly all postconviction exonerations, including convictions |
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vacated based on a plea to time served, to: |
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(1) ascertain errors and defects in the criminal |
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procedure used to prosecute the defendant's case at issue; |
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(2) identify errors and defects in the criminal |
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justice process in this state generally; |
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(3) develop solutions and methods to correct the |
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identified errors and defects; and |
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(4) identify procedures and programs to prevent future |
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wrongful convictions. |
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(b) The commission may enter into contracts for research |
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services as considered necessary to complete the investigation of a |
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particular case, including forensic testing and autopsies. |
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Sec. 4. REPORT. (a) The commission shall compile a |
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detailed annual report of its findings and recommendations, |
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including any proposed legislation to implement procedures and |
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programs to prevent future wrongful convictions or executions. |
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(b) The report shall be made available to the public on |
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request. |
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(c) The findings and recommendations contained in the |
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report may not be used as binding evidence in a subsequent civil or |
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criminal proceeding. |
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Sec. 5. SUBMISSION. The commission shall submit the report |
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described by Section 4 to the governor, the lieutenant governor, |
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and the speaker of the house of representatives not later than |
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December 1 of each even-numbered year. |
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Sec. 6. REIMBURSEMENT. A member of the commission is not |
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entitled to compensation but is entitled to reimbursement for the |
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member's travel expenses as provided by Chapter 660, Government |
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Code, and the General Appropriations Act. |
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Sec. 7. ASSISTANCE. The Texas Legislative Council, the |
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Legislative Budget Board, and The University of Texas at Austin |
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shall assist the commission in performing the commission's duties. |
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Sec. 8. OTHER LAW. The commission is not subject to Chapter |
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2110, Government Code. |
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SECTION 2. (a) The purpose of this section is to establish |
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the rotating basis for appointments by law schools as required by |
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Section 2, Article 43.27, Code of Criminal Procedure, as added by |
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this Act. |
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(b) The president of the Texas Center for Actual Innocence |
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at The University of Texas School of Law shall make the first |
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appointment under Section 2, Article 43.27, Code of Criminal |
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Procedure, as added by this Act. After the expiration of the |
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appointee's two-year term, the director of the innocence project at |
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the University of Houston Law Center shall make the second |
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appointment under Section 2, Article 43.27, Code of Criminal |
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Procedure, as added by this Act. After the expiration of the second |
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appointment, the director of the innocence project at the Texas |
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Tech University School of Law shall make the third appointment. |
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SECTION 3. The appointments to the Texas Innocence |
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Commission as required by Article 43.27, Code of Criminal |
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Procedure, as added by this Act, shall be made not later than the |
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60th day after the effective date of this Act. |
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SECTION 4. This Act takes effect September 1, 2009. |