Bill Text: TX SB89 | 2013-2014 | 83rd Legislature | Introduced

Texas Senate Bill 89 (Prior Session Legislation)

Introduced

Bill Title: Relating to the creation of a commission to investigate and prevent wrongful convictions.

Sponsorship: Partisan Bill (Democrat 3)

Status: (Introduced - Dead) 2013-03-18 - Co-author authorized [SB89 Detail]

Download: Texas-2013-SB89-Introduced.html

	83R910 ADM-D

	By: Ellis	S.B. No. 89



	A BILL TO BE ENTITLED
	AN ACT
	relating to the creation of a commission to investigate and 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. (a) The commission is composed of
	nine members. The governor shall appoint two members, one of whom
	must be a dean of a law school and one of whom must be a law
	enforcement officer. The lieutenant governor shall appoint one
	member, who may be a member of the legislature. The speaker of the
	house of representatives shall appoint one member, who may be a
	member of the legislature. The presiding judge of the court of
	criminal appeals shall appoint one member, who must be a member of
	the judiciary. The presiding officer of the Texas Forensic Science
	Commission shall appoint one member, who must work in the forensic
	science field. The Texas District and County Attorneys Association
	shall appoint one member, who must be a prosecuting attorney. The
	Texas Criminal Defense Lawyers Association shall appoint one
	member, who must be a criminal defense lawyer. The president of the
	Texas Center for Actual Innocence at The University of Texas School
	of Law, the director of the Texas Innocence Network at the
	University of Houston Law Center, or the executive director of the
	Innocence Project of Texas at the Texas Tech University School of
	Law, on a rotating basis, shall appoint one member, who must be an
	attorney with experience in filing successful appellate claims
	based on actual innocence.
	(b) Each member serves a two-year term.
	(c) The governor shall designate a member to serve as
	presiding officer.
	Sec. 3. DUTIES. (a) The commission shall investigate
	thoroughly all postconviction exonerations, including convictions
	vacated based on a plea to time served, to:
	(1) ascertain errors and defects in the criminal
	procedure used to prosecute the defendant's case at issue;
	(2) identify errors and defects in the criminal
	justice process in this state generally;
	(3) develop solutions and methods to correct the
	identified errors and defects; and
	(4) identify procedures and programs to prevent future
	wrongful convictions.
	(b) The commission may enter into contracts for research
	services as considered necessary to complete the investigation of a
	particular case, including forensic testing and autopsies.
	Sec. 4. REPORT. (a) The commission shall compile a
	detailed annual report of its findings and recommendations,
	including any proposed legislation to implement procedures and
	programs to prevent future wrongful convictions or executions.
	(b) The report shall be made available to the public on
	request.
	(c) The findings and recommendations contained in the
	report may not be used as binding evidence in a subsequent civil or
	criminal proceeding.
	Sec. 5. SUBMISSION. The commission shall submit the report
	described by Section 4 to the governor, the lieutenant governor,
	and the speaker of the house of representatives not later than
	December 1 of each even-numbered year.
	Sec. 6. REIMBURSEMENT. A member of the commission is not
	entitled to compensation but is entitled to reimbursement for the
	member's travel expenses as provided by Chapter 660, Government
	Code, and the General Appropriations Act.
	Sec. 7. ASSISTANCE. 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.
	Sec. 8. OTHER LAW. The commission is not subject to Chapter
	2110, Government Code.
	SECTION 2. (a) The purpose of this section is to establish
	the rotating basis for appointments by law schools as required by
	Section 2, Article 43.27, Code of Criminal Procedure, as added by
	this Act.
	(b) The president of the Texas Center for Actual Innocence
	at The University of Texas School of Law shall make the first
	appointment under Section 2, Article 43.27, Code of Criminal
	Procedure, as added by this Act. After the expiration of the
	appointee's two-year term, the director of the Texas Innocence
	Network at the University of Houston Law Center shall make the
	second appointment under Section 2, Article 43.27, Code of Criminal
	Procedure, as added by this Act. After the expiration of the second
	appointment, the executive director of the Innocence Project of
	Texas at the Texas Tech University School of Law shall make the
	third appointment.
	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
	October 31, 2013.
	SECTION 4. This Act takes effect September 1, 2013.