Bill Text: TX HB115 | 2011-2012 | 82nd Legislature | Comm Sub
Bill Title: Relating to the creation of a commission to investigate convictions after exoneration and to prevent wrongful convictions.
Spectrum: Strong Partisan Bill (Democrat 10-1)
Status: (Introduced - Dead) 2011-04-21 - Motion to reconsider spread on the Journal [HB115 Detail]
Download: Texas-2011-HB115-Comm_Sub.html
82R11314 AJZ-F | |||
By: McClendon, Gallego | H.B. No. 115 | ||
Substitute the following for H.B. No. 115: | |||
By: Gallego | C.S.H.B. No. 115 |
|
||
|
||
relating to the creation of a commission to investigate convictions | ||
after exoneration and to prevent wrongful convictions. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 43, Code of Criminal Procedure, is | ||
amended by adding Article 43.27 to read as follows: | ||
Art. 43.27. TEXAS INNOCENCE COMMISSION | ||
Sec. 1. CREATION. The Texas Innocence Commission is | ||
created. | ||
Sec. 2. COMPOSITION. The commission is composed of nine | ||
members appointed by the governor. The governor shall make | ||
appointments to the commission without regard to the race, color, | ||
disability, sex, religion, age, or national origin of the | ||
appointee. | ||
Sec. 3. TERMS; VACANCIES. (a) Members serve staggered | ||
six-year terms, with one-third of the members' terms expiring | ||
February 1 of each odd-numbered year. | ||
(b) In the event of a vacancy, the governor shall appoint a | ||
replacement to fill the unexpired portion of the term. | ||
(c) The presiding officer of the commission shall be elected | ||
on an annual basis by the members of the commission. | ||
Sec. 4. MEETINGS. (a) The commission may hold its | ||
meetings, hearings, and other proceedings at times and places as | ||
the commission shall determine, but shall meet in Austin at least | ||
once each year. Proceedings shall be by majority vote of those | ||
present. | ||
(b) The commission shall conduct a public hearing at least | ||
once a year, the agenda of which must include a review of the work of | ||
the commission in reviewing and investigating matters considered by | ||
the commission under this article. | ||
Sec. 5. QUALIFICATIONS. (a) Each member must be a | ||
registered voter of the state. | ||
(b) A member of the commission may not hold any other public | ||
office or be an employee of any state department or agency, or be an | ||
employee or member of another state board or commission during the | ||
member's tenure on the commission. | ||
(c) An individual may not be a member of the commission or | ||
act as the general counsel to the commission if the individual or | ||
individual's spouse is required to register as a lobbyist under | ||
Chapter 305, Government Code, because of the individual's | ||
activities for compensation on behalf of a profession or entity | ||
related to the operation of the commission. | ||
Sec. 6. GROUNDS FOR REMOVAL. (a) It is a ground for | ||
removal from the commission that a member: | ||
(1) does not have at the time of appointment the | ||
qualifications required by this article; | ||
(2) does not maintain during service on the commission | ||
the qualifications required by this article; | ||
(3) violates a prohibition established by this | ||
article; | ||
(4) is ineligible for membership under this article; | ||
(5) cannot, because of illness or disability, | ||
discharge the member's duties for a substantial part of the member's | ||
term; or | ||
(6) is absent from more than half of the regularly | ||
scheduled 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. 7. COMMISSION MEMBER TRAINING. (a) A person who is | ||
appointed to and qualifies for office as a member of the commission | ||
shall complete a training program that meets the requirements of | ||
this section. | ||
(b) The training program must provide the person with | ||
information regarding: | ||
(1) the legislation that created the commission; | ||
(2) the programs operated by the commission; | ||
(3) the role and functions of the commission; | ||
(4) the rules of the commission, with an emphasis on | ||
the rules that relate to its investigatory authority; | ||
(5) the requirements of laws relating to public | ||
officials and public meetings, including conflict-of-interest | ||
laws; and | ||
(6) any applicable ethics policies adopted by the | ||
commission or the Texas Ethics Commission. | ||
Sec. 8. SUNSET PROVISION. The Texas Innocence Commission | ||
is subject to Chapter 325, Government Code (Texas Sunset Act). | ||
Unless continued in existence as provided by that chapter, the | ||
Texas Innocence Commission is abolished and this article expires | ||
September 1, 2023. | ||
Sec. 9. DUTIES. (a) The commission shall make thorough | ||
review or investigation of all cases in which an innocent person was | ||
convicted and exonerated, including convictions vacated based on a | ||
plea to time served, to: | ||
(1) identify the causes of wrongful convictions; | ||
(2) ascertain errors and defects in the laws, rules, | ||
proof, and procedures applied in prosecuting the defendant's case | ||
at issue or implicated by each identified cause of wrongful | ||
convictions; | ||
(3) identify errors and defects in the criminal | ||
justice process in this state generally, using peer-reviewed | ||
research, expert analysis, and demographic data; | ||
(4) consider and develop solutions and methods to | ||
correct the identified errors and defects through legislation, | ||
rule, regulation, or procedural changes; and | ||
(5) identify procedures, programs, and educational or | ||
training opportunities demonstrated to eliminate or minimize the | ||
causes of wrongful convictions and prevent the future occurrence of | ||
wrongful convictions and resulting executions. | ||
(b) The commission shall consider potential implementation | ||
plans, costs, cost savings, and the impact on the criminal justice | ||
system for each potential solution. | ||
(c) The commission may enter into contracts for research and | ||
professional services as may be necessary or appropriate to | ||
facilitate the work and activities of the commission or complete | ||
the investigation of a particular post-exoneration case, including | ||
forensic testing and autopsies. | ||
Sec. 10. REPORTS AND RECORDS. (a) The commission shall | ||
compile a detailed annual report of its findings and | ||
recommendations, including any proposed legislation, rule, or | ||
policy changes necessary or appropriate to implement procedures and | ||
programs to prevent the causes and occurrence of future wrongful | ||
convictions or executions. The commission may also compile interim | ||
reports for the same or similar purposes. | ||
(b) Official annual and interim reports issued by the | ||
commission must be made available to the public on request. | ||
(c) The findings and recommendations contained in the | ||
official reports issued by the commission may be used as evidence in | ||
any subsequent civil or criminal proceeding, according to the | ||
applicable procedural and evidentiary rules for the tribunal in | ||
which a particular matter is or may be pending. | ||
(d) Working papers and records, including all documentary | ||
or other information, prepared or maintained by the commission, | ||
members, or staff in performing the commission's duties under this | ||
article or other law to conduct an evaluation and prepare a report, | ||
are excepted from the public disclosure requirements of Section | ||
552.021, Government Code. A record held by another entity that is | ||
considered to be confidential by law and that the commission | ||
receives in connection with the performance of the commission's | ||
functions under this article or another law remains confidential | ||
and is excepted from the public disclosure requirements of Section | ||
552.021, Government Code. | ||
Sec. 11. SUBMISSION. The commission shall submit the | ||
reports described by Section 10 to the governor, the lieutenant | ||
governor, the speaker of the house of representatives, and the | ||
legislature not later than December 1 of each even-numbered year, | ||
or not later than the 60th day after the issuance of the report, | ||
whichever occurs first. | ||
Sec. 12. GIFTS AND GRANTS. (a) The commission may apply | ||
for and accept gifts, grants, and donations from any organization | ||
described in Section 501(c)(3) or (4), Internal Revenue Code of | ||
1986, for the purpose of funding any activity of the commission | ||
under this article. The commission may apply for and accept grants | ||
under federal programs. | ||
(b) The commission may also receive donations from private | ||
individuals or entities. | ||
(c) All gifts, grants, and donations must be accepted in an | ||
open meeting by a majority of the members of the commission then | ||
present and voting, and must be reported in the public records of | ||
the commission with the name of the donor and purpose of the gift, | ||
grant, or donation accepted. | ||
(d) The commission may authorize and disburse subgrants of | ||
funds from those funds that it may accept from time to time under | ||
this section for appropriate programs, services, and activities | ||
related to and in accord with the purposes and activities of the | ||
commission. | ||
Sec. 13. COMPENSATION; REIMBURSEMENT. A member of the | ||
commission may not receive compensation for the services provided | ||
as a member. A member is entitled to reimbursement by the | ||
commission for the member's actual and necessary expenses incurred | ||
in performing commission duties, subject to the availability of | ||
funds from general revenue that may be appropriated to the | ||
commission by the state. Reimbursements to members for actual and | ||
necessary expenses incurred may be authorized by the commission | ||
through funds received and administered by the commission from | ||
gifts, grants, and donations it accepts under Section 12. | ||
Sec. 14. ASSISTANCE OF STATE AGENCIES; ACCESS TO STATE | ||
AGENCIES. (a) The Texas Legislative Council, the Legislative | ||
Budget Board, and The University of Texas at Austin shall assist the | ||
commission in performing the commission's duties. | ||
(b) The commission may also request the assistance of other | ||
state agencies and officers. When assistance is requested, a state | ||
agency or officer shall assist the commission in carrying out its | ||
functions under this article. The commission or its designee may | ||
inspect the records, documents, and files of any state agency in | ||
carrying out the commission's duties. | ||
Sec. 15. OTHER LAW. The commission is not subject to | ||
Chapter 2110, Government Code. | ||
SECTION 2. In appointing the initial members of the Texas | ||
Innocence Commission, the governor shall appoint three persons to | ||
terms expiring February 1, 2013, three to terms expiring February | ||
1, 2015, and three to terms expiring February 1, 2017. | ||
SECTION 3. The appointments to the Texas Innocence | ||
Commission required by Article 43.27, Code of Criminal Procedure, | ||
as added by this Act, shall be made not later than the 60th day after | ||
the effective date of this Act. | ||
SECTION 4. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2011. |