Bill Text: TX SB81 | 2015-2016 | 84th Legislature | Introduced

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

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2015-01-26 - Referred to Criminal Justice [SB81 Detail]

Download: Texas-2015-SB81-Introduced.html

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84R612 ADM-D
By: Ellis S.B. No. 81

A BILL TO BE ENTITLED
AN ACT
relating to the creation of a commission to examine 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. TIMOTHY COLE EXONERATION REVIEW COMMISSION
Sec. 1. CREATION. The Timothy Cole Exoneration Review
Commission is created.
Sec. 2. COMPOSITION. (a) The commission is composed of the
following 15 members:
(1) one employee of the office of the governor who has
significant criminal justice legal experience, appointed by the
governor;
(2) one person who works in law enforcement, appointed
by the governor;
(3) the presiding judge of the court of criminal
appeals, or another judge of the court of criminal appeals
appointed by the presiding judge;
(4) the chief justice of the Texas Supreme Court, or an
employee of the Texas Supreme Court who has significant legal
experience, appointed by the chief justice;
(5) a district court judge, appointed by the presiding
judge of the court of criminal appeals;
(6) a person with significant knowledge and experience
in the issue areas under consideration by the commission, appointed
by the chief justice of the Texas Supreme Court;
(7) the president of the Texas Criminal Defense
Lawyers Association, or the president's designee;
(8) the head of a public defender office in Texas,
appointed by the executive director of the Texas Criminal Defense
Lawyers Association;
(9) the president of the Texas District and County
Attorneys Association, or a district attorney appointed by the
president;
(10) the chairman of the board of the Texas District
and County Attorneys Association, or the chairman's designee;
(11) the presiding officer of the Texas Forensic
Science Commission, or a member or employee of the Texas Forensic
Science Commission who has significant experience in the field of
forensic science, appointed by the presiding officer;
(12) the chair of the Senate Committee on Criminal
Justice;
(13) the chair of the House Committee on Criminal
Jurisprudence;
(14) 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, each serving on a rotating basis; and
(15) the president of the State Bar of Texas, or the
president's designee.
(b) Each member serves a two-year term, unless the member
ceases to hold an office or position that qualified the person for
the appointment, and may serve multiple consecutive terms.
(c) A vacancy on the commission is filled for the unexpired
portion of the term in the same manner as the original appointment.
(d) The governor shall designate a member to serve as the
presiding officer.
(e) The commission exists under the Texas Judicial Council
created under Chapter 71, Government Code. The commission operates
independently of the Texas Judicial Council.
(f) The presiding officer may appoint committees from the
membership of the commission as needed to organize the commission
or to perform the duties of the commission.
(g) The commission may hire a director and other necessary
personnel to perform the duties of the commission.
Sec. 3. MEETINGS. (a) The commission may hold its meetings
in a time or manner determined by the commission, but shall meet in
Austin at least annually.
(b) The commission shall conduct a public hearing at least
annually, the agenda of which must include a review of the work
conducted by the commission in the preceding year.
(c) Eight members of the commission constitute a quorum.
The commission may act only on the concurrence of seven members or a
majority of the members present, whichever number is greater. The
commission may issue a report under Section 6 only on the
concurrence of nine members.
Sec. 4. SUNSET PROVISION. The commission is subject to
Chapter 325, Government Code (Texas Sunset Act). Unless continued
in existence as provided by that chapter, the commission is
abolished and this article expires September 1, 2023.
Sec. 5. DUTIES. (a) The commission shall review and
examine thoroughly postconviction exonerations occurring on or
after September 1, 2015, that are based on:
(1) an explicit finding of actual innocence by the
court of criminal appeals; or
(2) a pardon issued by the governor on the basis of
actual innocence.
(b) In performing its duties under this section, the
commission shall:
(1) identify areas needing improvement in statutes,
rules, or procedures applicable to an exoneration reviewed by the
commission;
(2) identify areas needing improvement in the criminal
justice system in this state generally;
(3) in the areas identified in Subdivisions (1) and
(2), develop solutions and methods to improve the reliability and
fairness of the criminal justice system, including through
statutory, rule, or procedural changes; and
(4) identify procedures and programs to prevent future
wrongful convictions and to improve the reliability and fairness of
the criminal justice system.
(c) The commission shall consider potential implementation
plans, costs, cost savings, and the impact on the criminal justice
system for each potential solution identified in the course of its
review.
(d) In its first biennium of operation the commission shall
give particular attention to:
(1) reviewing and updating the research, reports, and
recommendations of the Timothy Cole advisory panel established in
the 81st Regular Session and the degree to which the panel's
recommendations were implemented;
(2) making recommendations related to improving the
process for and review of postconviction writs of habeas corpus;
(3) reviewing and making recommendations regarding
the use of forensic science in the criminal justice system, with an
emphasis on the standards used in criminal proceedings, and
recommending improvements in those standards to improve the
reliability and fairness of the criminal justice system;
(4) making recommendations as to how best to require
and implement the electronic recording of witness statements to
ensure their reliability and accuracy; and
(5) reviewing and making recommendations regarding
the effects of the quality of legal representation in relation to
the likelihood of conviction, with an emphasis on indigent defense.
(e) Following the initial biennium, in each subsequent
biennium the commission shall:
(1) continue to monitor the progress and
implementation of the recommendations made in the first biennium;
and
(2) determine its agenda by identifying not more than
10 prominent criminal justice issues to consider studying, of which
the chief justice of the Texas Supreme Court and the presiding judge
of the court of criminal appeals biennially shall choose not more
than six to be studied by the commission in the applicable biennium.
(f) The commission additionally shall consider submitting
an annual report to the Texas Indigent Defense Commission in the
manner required of legal clinics and programs under Section 79.039,
Government Code.
(g) The commission may request that an entity of state
government or of a political subdivision provide information
related to the commission's duties under this section. On the
request of the commission, an entity may provide information to the
commission unless otherwise prohibited from disclosing that
information.
Sec. 6. 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.
(b) The report shall be made available to the public on
request.
(c) The commission shall submit the report to the governor,
the lieutenant governor, and the speaker of the house of
representatives not later than December 1 of each year.
Sec. 7. COMPENSATION. A member of the commission is not
entitled to compensation for serving on the commission but may
receive reimbursement for necessary expenses incurred in the course
of performing the duties of the commission if the expense is
approved by the executive director of the Texas Judicial Council.
Sec. 8. ADMINISTRATIVE ATTACHMENT. (a) The commission is
administratively attached to the Office of Court Administration of
the Texas Judicial System.
(b) Notwithstanding any other law, the Office of Court
Administration of the Texas Judicial System shall:
(1) provide administrative assistance and services to
the commission, including budget planning and purchasing;
(2) accept, deposit, and disburse money made available
to the commission;
(3) pay the salaries and benefits of the director and
employees of the commission; and
(4) provide the commission with adequate computer
equipment and support.
Sec. 9. GIFTS, GRANTS, AND DONATIONS. The commission may
request and accept gifts, grants, and donations from any source to
carry out its functions, except that the commission may not request
or accept gifts from:
(1) a law firm, as defined by Section 72.028,
Government Code;
(2) an attorney or the attorney's spouse; or
(3) an employee of the law firm or an attorney or the
spouse of that employee.
SECTION 2. The appointments to the Timothy Cole Exoneration
Review Commission as required by Article 43.27, Code of Criminal
Procedure, as added by this Act, shall be made not later than
October 31, 2015.
SECTION 3. Notwithstanding Section 6(c), Article 43.27,
Code of Criminal Procedure, as added by this Act, the Timothy Cole
Exoneration Review Commission, as created by this Act, shall submit
the first report required by Section 6 not later than December 1,
2016.
SECTION 4. This Act takes effect September 1, 2015.