SRC-BWC S.B. 680 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 680
77R4484 GWK-DBy: Shapleigh
Criminal Justice
4/2/2001
As Filed


DIGEST AND PURPOSE 

Currently, there is widespread concern about the implementation of capital
punishment among both proponents and opponents of the death penalty in
Texas criminal cases.  These concerns include cases of inadequate legal
representation for indigent defendants; questions about the certainty of
the guilt of defendants when evidence has not been tested with new
technologies such as DNA; cases in which race is a contributing factor in
determining a defendant's guilt; and uncertainty about the sufficiency of
the appellate review for poor and minority defendants who have been
sentenced to death row.  S.B. 680 is intended to assemble a highly
respected group of individuals, experienced in criminal justice matters, to
form a blue ribbon commission to be called the Texas Capital Punishment
Commission.  The commission, which could consist of current or former
criminal prosecutors, defense attorneys, judges, deans of law schools, and
representatives of victim's rights advocacy groups, will investigate and
evaluate the fairness of how the death penalty is implemented in Texas.
The commission will address concerns about capital punishment either by
endorsing, suggesting improvements to, or identifying problems with capital
punishment in Texas, and submitting a report to the legislature.  As
proposed, S.B. 680 creates the Texas Capital Punishment Commission to study
implementation of the death penalty in Texas.  

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 37, Code of Criminal Procedure, by adding
Article 37.15, as follows: 

Art. 37.15  TEXAS CAPITAL PUNISHMENT COMMISSION

Sec. 1.  CREATION.  Provides that the Capital Punishment Commission
(commission) is created. 

Sec. 2.  DUTIES.  Requires the commission to study capital punishment in
this sate, concentrating particularly on issues relating to the legal
representation of indigent inmates in capital cases, the certainty of the
guilt of individuals convicted in capital cases and the ability of new
technologies such as DNA testing to increase that certainty, race as a
factor in decisionmaking in capital cases, and the sufficiency of appellate
review of convictions in capital cases. Requires the commission, after
completing the study, to propose legislation to correct any inequities in
the capital punishment process in this state. 

Sec. 3.  COMPOSITION.  Provides that the commission is composed of 11
members who have general experience in criminal justice matters:  three
appointed by the governor, with at least one having experience in
prosecution of capital cases; three appointed by the lieutenant governor,
with at least one having experience in defense of capital cases; three
appointed by the speaker of the house of representatives, with at least one
having experience as a trial judge and  at least one having experience as
an advocate for victims of crime; one appointed by the dean of the law
school at The University of Texas at Austin; and one of whom is appointed
by the dean of the law school at Texas Tech University.    Provides that
each member serves at the pleasure of the official by whom the member is
appointed.  Requires the governor to designate a member to serve as
presiding officer.   

Sec. 4.  REIMBURSEMENT.  Prohibits a member of the commission from
receiving compensation but provides that a member is entitled to
reimbursement of travel expenses incurred while conducting the business of
the commission, as provided in the General Appropriations Act. 
 
Sec. 5.  ASSISTANCE.  Requires the Texas Legislative Council, the
Legislative Budget Board, and the Criminal Justice Policy Council to assist
the commission in performing the commission's duties. 

Sec. 6.  SUBMISSION.  Requires the commission to submit the proposed
legislation described by Section 2 to the lieutenant governor and the
speaker of the house of representatives not later than January 1, 2003. 

Sec. 7.  INITIAL APPOINTMENTS.  Requires the governor, lieutenant governor,
speaker of the house of representatives, and deans of the law schools at
The University of Texas at Austin and Texas Tech University to make their
appointments to the commission not later than the 31st day after the
effective date of this article. 

Sec. 8.  OTHER LAW.  Provides that the commission is not subject to Chapter
2110 (State Agency Advisory Committees), Government Code. 

Sec. 9.  ABOLITION.  Provides that the commission is abolished on January
2, 2003, and this article expires on that date. 

SECTION 2.  Effective date:  September 1, 2001.