1-1     By:  Shapleigh, Barrientos                             S.B. No. 680
 1-2           (In the Senate - Filed February 13, 2001; February 14, 2001,
 1-3     read first time and referred to Committee on Criminal Justice;
 1-4     April 18, 2001, reported favorably by the following vote:  Yeas 4,
 1-5     Nays 3; April 18, 2001, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the creation of a commission to study capital
 1-9     punishment in Texas.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1.  Chapter 37, Code of Criminal Procedure, is
1-12     amended by adding Article 37.15 to read as follows:
1-13           Art. 37.15.  TEXAS CAPITAL PUNISHMENT COMMISSION
1-14           Sec. 1.  CREATION.  The Capital Punishment Commission is
1-15     created.
1-16           Sec. 2.  DUTIES.  (a)  The Capital Punishment Commission
1-17     shall study capital punishment in this state, concentrating
1-18     particularly on issues relating to the legal representation of
1-19     indigent inmates in capital cases, the certainty of the guilt of
1-20     individuals convicted in capital cases and the ability of new
1-21     technologies such as DNA testing to increase that certainty, race
1-22     as a factor in decision-making in capital cases, and the
1-23     sufficiency of appellate review of convictions in capital cases.
1-24           (b)  After completing the study, the Capital Punishment
1-25     Commission shall propose legislation to correct any inequities in
1-26     the capital punishment process in this state.
1-27           Sec. 3.  COMPOSITION.  (a)  The Capital Punishment Commission
1-28     is composed of 11 members, three of whom are appointed by the
1-29     governor, three of whom are appointed by the lieutenant governor,
1-30     three of whom are appointed by the speaker of the house of
1-31     representatives, one of whom is appointed by the dean of the law
1-32     school at The University of Texas at Austin, and one of whom is
1-33     appointed by the dean of the law school at Texas Tech University.
1-34           (b)  Each member serves at the pleasure of the official by
1-35     whom the member is appointed.
1-36           (c)  The governor shall designate a member to serve as
1-37     presiding officer.
1-38           (d)  Each member of the Capital Punishment Commission must be
1-39     generally experienced in criminal justice matters.  In addition, at
1-40     least one member appointed by the governor must be experienced in
1-41     the  prosecution of capital cases, at least one of the members
1-42     appointed by the lieutenant governor must be experienced in the
1-43     defense of capital cases, at least one of the members appointed by
1-44     the speaker of the house of representatives must be experienced as
1-45     a trial judge in capital cases, and at least one of the members
1-46     appointed by the speaker must be experienced as an advocate for
1-47     victims of crime.
1-48           Sec. 4.  REIMBURSEMENT.  A member of the Capital Punishment
1-49     Commission may not receive compensation but is entitled to
1-50     reimbursement of the travel expenses incurred by the member while
1-51     conducting the business of the commission, as provided in the
1-52     General Appropriations Act.
1-53           Sec. 5.  ASSISTANCE.  The Texas Legislative Council, the
1-54     Legislative Budget Board, and the Criminal Justice Policy Council
1-55     shall assist the Capital Punishment Commission in performing the
1-56     commission's duties.
1-57           Sec. 6.  SUBMISSION.  The Capital Punishment Commission shall
1-58     submit the proposed legislation described by Section 2 of this
1-59     article to the lieutenant governor and the speaker of the house of
1-60     representatives not later than January 1, 2003.
1-61           Sec. 7.  INITIAL APPOINTMENTS.  The governor, lieutenant
1-62     governor, speaker of the house of representatives, and deans of the
1-63     law schools at The University of Texas at Austin and Texas Tech
1-64     University shall make their appointments to the Capital Punishment
 2-1     Commission not later than the 31st  day after the effective date of
 2-2     this article.
 2-3           Sec. 8.  OTHER LAW.  The Capital Punishment Commission is not
 2-4     subject to Chapter 2110, Government Code.
 2-5           Sec. 9.  ABOLITION.  The commission is abolished on  January
 2-6     2, 2003, and this article expires on that date.
 2-7           SECTION 2.  This Act takes effect September 1, 2001.
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