SRC-MSY S.B. 444 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 444
78R4739 KCR-DBy: Shapleigh
State Affairs
2/24/2003
As Filed


DIGEST AND PURPOSE 

Current Texas law does not provide for a commission charged with studying
the implementation of the death penalty in this state.  As proposed, S.B.
444 creates the Texas Capital Punishment Commission, comprised of a range
of professionals and appointees, and requires that commission to prepare a
report to the legislature and make recommendations regarding legal
representation of indigent inmates in capital cases, the certainty of
guilt of individuals convicted in capital cases and the ability of new
technologies to increase that certainty, race as a factor in
decision-making in capital cases, and the sufficiency of appellate review
of convictions in capital cases. 

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.  Creates the Texas Capital Punishment Commission
(commission). 

Sec.  2.  DUTIES.  (a) Requires the commission to study capital punishment
in Texas, concentrating on issues relating to the legal representation of
indigent inmates in capital cases, the certainty of guilt of individuals
convicted in capital cases and the ability of new technologies to increase
that certainty, race as a factor in decision-making in capital cases, and
the sufficiency of appellate review of convictions in capital cases.
Requires the commission to propose legislation to correct any inequities
in the capital punishment process in the state, upon completion of the
study. 

Sec.  3.  COMPOSITION.  Specifies the composition of the 11-member
commission. Requires each member of the commission to be generally
experienced in criminal justice matters.  Provides that each appointed
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 entitles a member to reimbursement of travel
expenses incurred while conducting business of the commission, as provided
by 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 under Section 2 to the lieutenant governor and the speaker of
the house of representatives by January 1, 2005. 

Sec.  7.  INITIAL APPOINTMENTS.  Requires the officials appointing members
to the commission to make those appointments within 31 days of this
article's effective date. 

Sec.  8.  OTHER LAW.  Exempts the commission from Chapter 2110, Government
Code. 

Sec.  9.  ABOLITION.  Provides that the commission is abolished, and this
article expires, on January 2, 2005. 

SECTION 2.  Effective date:  September 1, 2003.