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.