By Shapleigh, et al. S.B. No. 680 77R4484 GWK-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the creation of a commission to study capital 1-3 punishment in Texas. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Chapter 37, Code of Criminal Procedure, is amended 1-6 by adding Article 37.15 to read as follows: 1-7 Art. 37.15. TEXAS CAPITAL PUNISHMENT COMMISSION 1-8 Sec. 1. CREATION. The Capital Punishment Commission is 1-9 created. 1-10 Sec. 2. DUTIES. (a) The commission shall study capital 1-11 punishment in this state, concentrating particularly on issues 1-12 relating to the legal representation of indigent inmates in capital 1-13 cases, the certainty of the guilt of individuals convicted in 1-14 capital cases and the ability of new technologies such as DNA 1-15 testing to increase that certainty, race as a factor in 1-16 decision-making in capital cases, and the sufficiency of appellate 1-17 review of convictions in capital cases. 1-18 (b) After completing the study, the commission shall propose 1-19 legislation to correct any inequities in the capital punishment 1-20 process in this state. 1-21 Sec. 3. COMPOSITION. (a) The commission is composed of 11 1-22 members, three of whom are appointed by the governor, three of whom 1-23 are appointed by the lieutenant governor, three of whom are 1-24 appointed by the speaker of the house of representatives, one of 2-1 whom is appointed by the dean of the law school at The University 2-2 of Texas at Austin, and one of whom is appointed by the dean of the 2-3 law school at Texas Tech University. 2-4 (b) Each member serves at the pleasure of the official by 2-5 whom the member is appointed. 2-6 (c) The governor shall designate a member to serve as 2-7 presiding officer. 2-8 (d) Each member of the commission must be generally 2-9 experienced in criminal justice matters. In addition, at least one 2-10 member appointed by the governor must be experienced in the 2-11 prosecution of capital cases, at least one of the members appointed 2-12 by the lieutenant governor must be experienced in the defense of 2-13 capital cases, at least one of the members appointed by the speaker 2-14 must be experienced as a trial judge in capital cases, and at least 2-15 one of the members appointed by the speaker must be experienced as 2-16 an advocate for victims of crime. 2-17 Sec. 4. REIMBURSEMENT. A member of the commission may not 2-18 receive compensation but is entitled to reimbursement of the travel 2-19 expenses incurred by the member while conducting the business of 2-20 the commission, as provided in the General Appropriations Act. 2-21 Sec. 5. ASSISTANCE. The Texas Legislative Council, the 2-22 Legislative Budget Board, and the Criminal Justice Policy Council 2-23 shall assist the commission in performing the commission's duties. 2-24 Sec. 6. SUBMISSION. The commission shall submit the proposed 2-25 legislation described by Section 2 to the lieutenant governor and 2-26 the speaker of the house of representatives not later than January 2-27 1, 2003. 3-1 Sec. 7. INITIAL APPOINTMENTS. The governor, lieutenant 3-2 governor, speaker of the house of representatives, and deans of the 3-3 law schools at The University of Texas at Austin and Texas Tech 3-4 University shall make their appointments to the commission not 3-5 later than the 31st day after the effective date of this article. 3-6 Sec. 8. OTHER LAW. The commission is not subject to Chapter 3-7 2110, Government Code. 3-8 Sec. 9. ABOLITION. The commission is abolished on January 3-9 2, 2003, and this article expires on that date. 3-10 SECTION 2. This Act takes effect September 1, 2001.