Bill Text: TX HB115 | 2011-2012 | 82nd Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Introduced.html
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-Introduced.html
By: McClendon | H.B. No. 115 |
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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. The legislature finds that: (a) Whenever a | ||
person convicted of a crime is found, through post-conviction DNA | ||
testing or the discovery of other new evidence, to have been | ||
innocent of that crime, a failure has occurred in the criminal | ||
justice system which wrongly convicted an innocent person and | ||
allowed the real perpetrator to remain undetected; | ||
(b) Review of the causes of wrongful convictions enables the | ||
state to identify potential weaknesses in the state's criminal | ||
justice system, and the remedies that can strengthen the quality of | ||
criminal justice in the state; | ||
(c) There is not presently any governmental entity in the | ||
state charged with conducting independent, expert reviews of | ||
matters concerning the conviction of persons who have been | ||
exonerated, necessary in order to identify the primary and | ||
potential causes of wrongful convictions in the state; | ||
(d) The establishment of the commission would further the | ||
understanding of the particular and systemic causes of wrongful | ||
convictions, promote the adoption of positive reforms to enhance | ||
the accuracy of criminal investigations, strengthen the | ||
reliability of criminal prosecutions, protect the innocent, and | ||
enhance public safety; | ||
(e) The people of the state would benefit from the creation | ||
of an Innocence Commission charged with identifying the various | ||
causes of wrongful convictions, identifying policies and | ||
procedures demonstrated to minimize the likelihood of wrongful | ||
convictions, proposing reforms to minimize the occurrence of | ||
wrongful convictions in the state, and conducting its work in a | ||
manner that is transparent, with the goal of keeping the public | ||
informed; and | ||
(f) The establishment of the Texas Innocence Commission | ||
would bolster public confidence in the state's criminal justice | ||
system and help ensure that the administration of criminal justice | ||
in the state is fair, equitable, accurate and reliable. | ||
SECTION 2. 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. (a) The commission is composed of | ||
nine members, to be appointed by the Governor. Appointments to the | ||
commission shall be made without regard to the race, color, | ||
disability, sex, religion, age, or national origin of the | ||
appointees. | ||
(b) The regular term of office of the commissioners shall be | ||
four (4) years; but the initial members of each of three classes of | ||
three members each shall be chosen respectively for terms of one | ||
(1), two (2) and four (4) years. Interim vacancies shall be filled | ||
in the same manner as vacancies due to expiration of a full term, | ||
but only for the unexpired portion of the term in question. | ||
Commissioners shall receive no compensation for their services as | ||
such. | ||
(c) The presiding officer of the commission shall be | ||
elected on an annual basis by the members of the commission. The | ||
commission may hold its meetings, hearings and other proceedings at | ||
such times and places as it shall determine, but shall meet in | ||
Austin at least once each year. A quorum shall consist of five (5) | ||
members. Proceedings shall be by majority vote of those present. | ||
Sec. 3. 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, TEX. GOVT. CODE, because of the individual's | ||
activities for compensation on behalf of a profession or entity | ||
related to the operation of the commission. | ||
(d) Appointments to the commission shall be made without | ||
regard to the race, color, disability, sex, religion, age, or | ||
national origin of the appointees. | ||
Sec. 4. 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 the 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, without an excuse approved 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. 5. 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 complies with 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. 6. SUNSET PROVISION. The Texas Innocence Commission | ||
is subject to review under the Texas Sunset Act and shall be | ||
reviewed according to the periodic schedule for review of state | ||
agencies under Chapter 325, TEX. GOVT. CODE. | ||
Sec. 7. 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, utilizing 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. The commission may receive | ||
gifts, grants, donations, and contributions as further provided in | ||
this Article and utilize said funds to implement the purposes of | ||
this enactment, and 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. | ||
(c) In fulfilling its duties, the commission shall conduct a | ||
public hearing at least once annually, concerning but not limited | ||
to the work of the agency in regard to its review or investigation | ||
of specific and general matters being considered under this | ||
Article. | ||
Sec. 8. REPORTS AND RECORDS. (a) The commission shall | ||
compile a detailed annual report of its findings and | ||
recommendations, including any proposed legislation and 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. Official annual and | ||
interim reports issued by the commission shall be made available to | ||
the public upon request. | ||
(b) The findings and recommendations contained in the | ||
official reports issued by the commission may be used as some | ||
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. | ||
(c) 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, TEX. GOVT. 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, TEX. GOVT. CODE. | ||
Sec. 9. SUBMISSION. The commission shall submit the | ||
reports described by Sec. 8 to the governor, the lieutenant | ||
governor, the speaker of the house of representatives, and to the | ||
legislature not later than December 1 of each even-numbered year, | ||
or within sixty (60) days following the issuance of the report, | ||
whichever first occurs. | ||
Sec. 10. 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 501(c) (4) of the Internal | ||
Revenue Code 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 contributions from | ||
private individuals or entities. | ||
(c) All gifts, grants, donations and contributions must be | ||
accepted in an open meeting by a majority of the members of the | ||
commission then present and voting, and shall be reported in the | ||
public records of the commission with the name of the donor and | ||
purpose of the gift, grant, contribution or donation accepted. | ||
(d) The commission may authorize and disburse sub-grants of | ||
funds from those funds which 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. 11. REIMBURSEMENT. A member of the commission shall | ||
receive no compensation for the services provided by the member in | ||
that capacity. 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 from time to time be | ||
appropriated to the commission by the state; such 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, donations and | ||
contributions it accepts under Sec. 10 of this Article. | ||
Sec. 12. ASSISTANCE OF AND 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 chapter. The commission or its designated | ||
staff member may inspect the records, documents, and files of any | ||
state agency in conjunction with its duties. | ||
Sec. 13. OTHER LAW. The commission is not subject to | ||
Chapter 2110, Government Code. | ||
SECTION 3. The appointments to the Texas Innocence | ||
Commission as required by Article 43.27, Code of Criminal | ||
Procedure, as added by this Act, shall be made not later than the | ||
sixtieth (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, | ||
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. |