By Hochberg H.B. No. 3622
77R4908 JMC-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation, powers, and duties of the Texas Innocence
1-3 Commission; providing penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Title 1, Code of Criminal Procedure, is amended by
1-6 adding Chapter 64 to read as follows:
1-7 CHAPTER 64. TEXAS INNOCENCE COMMISSION
1-8 SUBCHAPTER A. GENERAL PROVISIONS
1-9 Sec. 64.001. SHORT TITLE. This chapter may be cited as the
1-10 Texas Innocence Commission Act.
1-11 Sec. 64.002. DEFINITIONS. In this chapter:
1-12 (1) "Commission" means the Texas Innocence Commission.
1-13 (2) "Wrongful conviction" means a felony conviction:
1-14 (A) in which the sentence imposed is death or at
1-15 least five years of imprisonment; and
1-16 (B) that, on a final determination that the
1-17 defendant was not guilty of committing the offense for which the
1-18 defendant was convicted, is reversed, set aside, or vacated by the
1-19 judicial department or pardoned by the executive department.
1-20 Sec. 64.003. GENERAL RULEMAKING AUTHORITY. (a) The
1-21 commission may adopt rules to implement this chapter.
1-22 (b) The commission may establish separate sections
1-23 consisting of commission members to propose or review rules of the
1-24 commission.
2-1 (c) The commission or a section established under Subsection
2-2 (b) may appoint a committee of experts, members of the public, or
2-3 other interested persons to advise the commission or the section
2-4 about a proposed rule of the commission.
2-5 Sec. 64.004. CRIMINAL OFFENSE. (a) A person commits an
2-6 offense if the person intentionally resists, prevents, impedes, or
2-7 interferes with the performance of a duty or the exercise of a
2-8 power under this chapter.
2-9 (b) An offense under this section is a Class B misdemeanor.
2-10 Sec. 64.005. SUNSET PROVISION. The Texas Innocence
2-11 Commission is subject to Chapter 325, Government Code (Texas Sunset
2-12 Act). Unless continued in existence as provided by that chapter,
2-13 the commission is abolished and this chapter expires September 1,
2-14 2010.
2-15 (Sections 64.006-64.010 reserved for expansion
2-16 SUBCHAPTER B. ORGANIZATION
2-17 Sec. 64.011. ESTABLISHMENT OF COMMISSION. The Texas
2-18 Innocence Commission is established.
2-19 Sec. 64.012. COMPOSITION; ELIGIBILITY. (a) The commission
2-20 is composed of 10 members appointed by the governor with the advice
2-21 and consent of the senate:
2-22 (1) two of whom must be nominated by or otherwise
2-23 represent the court of criminal appeals;
2-24 (2) two of whom must be nominated by or otherwise
2-25 represent the office of the state prosecuting attorney;
2-26 (3) two of whom must be nominated by or otherwise
2-27 represent an association that represents criminal defense lawyers
3-1 across the state;
3-2 (4) two of whom must be representatives of law schools
3-3 in the state; and
3-4 (5) two of whom must be representatives of the general
3-5 public.
3-6 (b) In appointing members of the commission, the governor
3-7 shall strive to achieve diverse representation on the commission
3-8 with respect to disability, religion, age, economic status, sex,
3-9 race, and ethnicity.
3-10 (c) A person is not eligible for appointment as a member of
3-11 the commission if the person or the person's spouse:
3-12 (1) is employed by or participates in the management
3-13 of a business entity or other organization receiving funds from the
3-14 commission;
3-15 (2) owns or controls, directly or indirectly, more
3-16 than a 10 percent interest in a business entity or other
3-17 organization receiving funds from the commission; or
3-18 (3) uses or receives a substantial amount of tangible
3-19 goods, services, or funds from the commission, other than
3-20 compensation or reimbursement authorized by law for commission
3-21 membership, attendance, or expenses.
3-22 (d) A person may not serve as a member of the commission or
3-23 act as the general counsel to the commission if the person is
3-24 required to register as a lobbyist under Chapter 305, Government
3-25 Code, because of the person's activities for compensation on behalf
3-26 of a profession related to the operation of the commission.
3-27 Sec. 64.013. TERMS. (a) Commission members serve staggered
4-1 terms of six years, with the terms of either three or four members,
4-2 as applicable, expiring February 1 of each odd-numbered year.
4-3 (b) A member who is eligible for appointment to the
4-4 commission may serve more than one term.
4-5 Sec. 64.014. PRESIDING OFFICER. The governor shall designate
4-6 from the members appointed under Section 64.012(a) a presiding
4-7 officer of the commission.
4-8 Sec. 64.015. EXECUTIVE DIRECTOR AND OTHER PERSONNEL. (a) The
4-9 commission may employ an executive director and other necessary
4-10 personnel, including attorneys, clerks, and other agents.
4-11 (b) The commission may set the compensation of the executive
4-12 director and other personnel.
4-13 (Sections 64.016-64.050 reserved for expansion
4-14 SUBCHAPTER C. ADMINISTRATION AND OPERATION
4-15 Sec. 64.051. AUSTIN OFFICE. The commission may maintain an
4-16 office in Austin.
4-17 Sec. 64.052. LOCATION OF MEETINGS. The commission may meet
4-18 and exercise its powers at any place in the state.
4-19 Sec. 64.053. QUORUM; PANELS. (a) Seven members of the
4-20 commission constitute a quorum.
4-21 (b) The commission by rule may establish panels of not less
4-22 than the number of members that constitute a quorum.
4-23 (c) A commission panel may exercise the powers of the
4-24 commission.
4-25 Sec. 64.054. VACANCIES. (a) A vacancy on the commission may
4-26 be filled for the unexpired term only.
4-27 (b) A vacancy on the commission does not affect the
5-1 authority of the remaining members of the commission to exercise
5-2 the powers of the commission.
5-3 Sec. 64.055. ACCEPTANCE OF FUNDS. The commission may accept
5-4 gifts, grants, and other funds from any public or private source.
5-5 Sec. 64.056. REIMBURSEMENT. A commission member is entitled
5-6 to reimbursement for actual and necessary expenses incurred in
5-7 discharging the member's duties as a commission member.
5-8 Sec. 64.057. REMOVAL. (a) It is a ground for removal from
5-9 the commission if a member:
5-10 (1) does not have at the time of appointment the
5-11 qualification required by Section 64.012(c);
5-12 (2) does not maintain during service on the commission
5-13 the qualification required by Section 64.012(c);
5-14 (3) violates a prohibition established by Section
5-15 64.012(d);
5-16 (4) cannot discharge the member's duties for a
5-17 substantial part of the term for which the member is appointed
5-18 because of illness or disability; or
5-19 (5) is absent for more than half of the regularly
5-20 scheduled commission meetings that the member is eligible to attend
5-21 during a calendar year unless the absence is excused by majority
5-22 vote of the commission.
5-23 (b) The validity of an action of the commission is not
5-24 affected by the fact that it is taken when a ground for removal of
5-25 a commission member exists.
5-26 (c) If the executive director has knowledge that a potential
5-27 ground for removal exists, the executive director shall notify the
6-1 presiding officer of the commission of the ground. The presiding
6-2 officer shall then notify the governor that a potential ground for
6-3 removal exists.
6-4 Sec. 64.058. STUDIES. (a) The commission shall study and
6-5 evaluate the effectiveness of proposals to limit the number of
6-6 wrongful convictions in this state.
6-7 (b) The commission, at the request of the governor or on its
6-8 own motion, may conduct or participate in studies relating to
6-9 criminal investigations and trial practices.
6-10 Sec. 64.059. REPORTS. (a) The commission, at least
6-11 annually, shall submit to the governor, the lieutenant governor,
6-12 and the speaker of the house of representatives a comprehensive
6-13 written report containing the commission's recommendations for
6-14 legislative or other action.
6-15 (b) The commission shall annually submit to the governor,
6-16 the lieutenant governor, and the speaker of the house of
6-17 representatives a detailed written report accounting for all funds
6-18 received and disbursed by the commission during the preceding
6-19 fiscal year. The report must be in the form and reported in the
6-20 time required by the General Appropriations Act.
6-21 Sec. 64.060. REASONABLE ACCESS PLAN. The commission shall
6-22 prepare and maintain a written plan that describes how a disabled
6-23 person or a person who does not speak English can be provided
6-24 reasonable access to the commission's programs.
6-25 Sec. 64.061. PERSONNEL POLICIES. (a) The executive director
6-26 or the executive director's designee shall develop an intra-agency
6-27 career ladder program. The program shall require intra-agency
7-1 posting of all nonentry-level positions concurrently with any
7-2 public posting.
7-3 (b) The executive director or the executive director's
7-4 designee shall develop a system of annual performance evaluations.
7-5 All merit pay for commission employees must be based on the system
7-6 established under this subsection.
7-7 Sec. 64.062. REQUIREMENTS FOR OFFICE OR EMPLOYMENT:
7-8 INFORMATION. The commission shall provide to its members and
7-9 employees, as often as necessary, information regarding the
7-10 qualifications for office or employment under this chapter and the
7-11 responsibilities under applicable laws relating to standards of
7-12 conduct for state officers or employees.
7-13 Sec. 64.063. DIVISION OF RESPONSIBILITY. The commission
7-14 shall develop and implement policies that clearly define the
7-15 respective responsibilities of the commission and the staff of the
7-16 commission.
7-17 Sec. 64.064. PUBLIC INTEREST INFORMATION. The commission
7-18 shall prepare information of public interest describing the
7-19 functions and procedures of the commission. The commission shall
7-20 make the information available to the public and appropriate state
7-21 agencies.
7-22 Sec. 64.065. PUBLIC PARTICIPATION. The commission shall
7-23 develop and implement policies that provide the public with a
7-24 reasonable opportunity to appear before the commission.
7-25 Sec. 64.066. CONFIDENTIAL INFORMATION; EXCEPTIONS. An
7-26 officer or employee of the commission may not release to the public
7-27 information obtained by the commission under this chapter except as
8-1 authorized by a motion of the commission or as necessary to conduct
8-2 a proceeding under this chapter.
8-3 (Sections 64.067-64.100 reserved for expansion
8-4 SUBCHAPTER D. INVESTIGATIONS AND ENFORCEMENT
8-5 Sec. 64.101. WRONGFUL CONVICTION INVESTIGATIONS. (a) The
8-6 commission, on a biennial basis, shall identify and investigate
8-7 each wrongful conviction in this state to determine:
8-8 (1) each reason the defendant was convicted of an
8-9 offense for which the defendant was not guilty of committing; and
8-10 (2) how to prevent similar miscarriages of justice in
8-11 the future.
8-12 (b) In conducting an investigation under Subsection (a), the
8-13 commission may review actions by law enforcement, prosecutors,
8-14 defense counsel, the defendant, witnesses, parole officers, trial
8-15 judges, and appellate courts in relation to the case.
8-16 (c) Not later than January 1 of each odd-numbered year, the
8-17 commission shall report to the governor, lieutenant governor, and
8-18 speaker of the house of representatives the commission's findings
8-19 from each investigation conducted under this section.
8-20 Sec. 64.102. CIVIL ACTION. (a) The commission may bring a
8-21 civil action against a person if:
8-22 (1) the commission determines that there is reasonable
8-23 cause to believe that the person has engaged in conduct prohibited
8-24 by law involving one or more wrongful convictions investigated
8-25 under Section 64.101; and
8-26 (2) a majority of the members of the commission
8-27 determine that the civil action may effectuate the purposes of this
9-1 chapter.
9-2 (b) The defendant who was wrongfully convicted may intervene
9-3 in a civil action brought by the commission under Subsection (a).
9-4 (c) Notwithstanding any other law, a court in which a civil
9-5 action is filed under Subsection (a) shall set the action for
9-6 hearing at the earliest practicable date to expedite the action.
9-7 (d) If the court finds that the respondent in an action
9-8 filed under Subsection (a) has engaged in prohibited conduct as
9-9 alleged in the complaint, the court may:
9-10 (1) enjoin the respondent from engaging in the
9-11 conduct; and
9-12 (2) order other appropriate equitable relief.
9-13 (e) The court may award to the prevailing party in an action
9-14 filed under Subsection (a), other than the commission, a reasonable
9-15 attorney's fee as part of the costs. The state, a state agency, or
9-16 a political subdivision of the state is liable for costs, including
9-17 attorney's fees, in an action filed under Subsection (a) to the
9-18 same extent as a private person.
9-19 (f) A judicial proceeding under this chapter is by trial de
9-20 novo. A commission finding, recommendation, determination, or
9-21 other action is not binding on a court.
9-22 Sec. 64.103. RULES TO PROVIDE ACCESS TO INVESTIGATION
9-23 RECORDS. The commission shall adopt rules to provide to a person
9-24 who is under investigation under Section 64.101 reasonable access
9-25 to commission records relating to the investigation.
9-26 Sec. 64.104. PRESERVATION AND USE OF RECORDS. A person who
9-27 is under investigation under Section 64.101 shall continue to
10-1 maintain records in the regular course of the person's business
10-2 regardless of whether the records are relevant to the investigation
10-3 and shall preserve and make reports from the records as required by
10-4 rules adopted by the commission or by court order and as necessary
10-5 to enforce this chapter or a rule adopted or an order issued under
10-6 this chapter.
10-7 Sec. 64.105. SUBPOENA. (a) The commission may issue a
10-8 subpoena requiring a person to:
10-9 (1) provide reasonable access to commission records as
10-10 required by rules adopted under Section 64.103; or
10-11 (2) maintain, preserve, or make reports from records
10-12 as required by Section 64.104.
10-13 (b) If a person does not comply with a subpoena issued under
10-14 Subsection (a), the commission shall apply to the district court of
10-15 the county in which the person is found, resides, or transacts
10-16 business for an order directing compliance.
10-17 Sec. 64.106. WITNESSES AND EVIDENCE. (a) The commission may
10-18 request and, if necessary, compel by subpoena the attendance of
10-19 necessary witnesses for examination under oath or affirmation, and
10-20 the production, for inspection and copying, of records, documents,
10-21 and other evidence relevant to a commission investigation.
10-22 (b) The commission by rule may authorize a member or
10-23 employee of the commission to exercise on behalf of the commission
10-24 the powers under Subsection (a).
10-25 SECTION 2. In appointing the initial members of the Texas
10-26 Innocence Commission, the governor shall appoint three persons to
10-27 serve terms expiring February 1, 2003, three to serve terms
11-1 expiring February 1, 2005, and four to serve terms expiring
11-2 February 1, 2007.
11-3 SECTION 3. This Act takes effect September 1, 2001.