SRC-MSY S.B. 1045 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 1045
78R4740 EMT-DBy: Ellis, Rodney
Criminal Justice
3/24/2003
As Filed


DIGEST AND PURPOSE 

Current Texas law does not provide for an entity responsible for
investigating incidents of wrongful convictions and their causes.  As
proposed, S.B. 1045 creates the Texas Innocence Commission (commission)
and requires it to conduct investigations into the causes of wrongful
convictions and to generate recommendations as to how to prevent such
errors and defects in the criminal justice procedures of this state.  In
addition, S.B. 1045 requires the commission to present an annual report to
certain state officials, and requires those officials to issue a formal
response. 

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 43, Code of Criminal Procedure, by adding
Article 43.27, as follows: 

Art.  43.27.  TEXAS INNOCENCE COMMISSION

Sec.  1.  CREATION.  Creates the Texas Innocence Commission (commission).

Sec.  2.  COMPOSITION.  (a)  Provides that the commission is composed of
nine members. Requires the governor to appoint two members, one of whom
must be a dean of a law school and one of whom must be a law enforcement
officer.  Requires the attorney general to appoint a member who is an
attorney who represents the state in the prosecution of felonies.
Requires the chair of the criminal justice committee of the senate to
appoint one member who may be a member of the legislature.  Requires the
chair of the criminal jurisprudence committee of the house of
representatives to appoint one member who may be a member of the
legislature. Requires the chief justice of the supreme court to appoint
one member who must be a member of the judiciary.  Requires the chancellor
of The University of Texas System to appoint two members, one of whom must
be a law professor and one of whom must work in the forensic science
field.  Requires the Texas Criminal Defense Lawyers Association to appoint
one member who must be a criminal defense lawyer. 

 (b)  Provides that each member serves a two-year term.

 (c)  Requires the governor to designate a member to serve as presiding
officer. 

Sec. 3.  DUTIES.  (a)  Requires the commission to investigate all
post-conviction exonerations, including certain vacated convictions, to
identify errors and defects in the criminal procedure both in the case at
issue and in the criminal justice process in this state generally; to
develop solutions and methods to correct the identified errors and
defects; and to identify procedures and programs to prevent future
wrongful convictions. 

 (b)  Authorizes the commission to enter into contracts for research
services as necessary to complete the investigation of a particular case,
including forensic testing and autopsies. 

(c)  Authorizes the commission to administer oaths and issue subpoenas,
signed by the presiding officer, to compel the production of documents and
the attendance of witnesses as considered necessary to conduct a thorough
investigation, and sets forth the procedure for issuing such subpoenas. 

Sec. 4.  REPORT.  (a)  Requires the commission to compile an annual report
of its findings and recommendations, including any proposed legislation
and programs aimed at the prevention of wrongful convictions. 

 (b)  Requires the report to be made available to the public.

(c)  Prohibits the findings and recommendations contained in the report
from being used as binding evidence in a subsequent civil or criminal
proceeding. 

Sec. 5.  SUBMISSION.  Requires the commission to submit the report
described by Section 4 to certain officials by December 1 of each
even-numbered year. 

Sec. 6.  RESPONSE.  Requires the officials who receive the report from the
commission to issue a formal written response to the commission's findings
and recommendations by the 60th day after receiving the report. 

Sec. 7.  REIMBURSEMENT.  Provides that a member of the commission is not
entitled to compensation but is entitled to reimbursement for the member's
travel expenses as provided by law. 

Sec. 8.  ASSISTANCE.  Requires the Texas Legislative Council, the
Legislative Budget Board, the Criminal Justice Policy Council, and The
University of Texas at Austin to assist the commission in performing its
duties. 

Sec. 9.  OTHER LAW.  Exempts the commission from Chapter 2110 (State
Agency Advisory Committees), Government Code. 

SECTION 2.  Requires the appointments to the commission as required by
this Act to be made by the 60th day after this Act's effective date. 

SECTION 3.  Effective date:  September 1, 2003.