78R4739 KCR-D

By:  Shapleigh                                                    S.B. No. 444


A BILL TO BE ENTITLED
AN ACT
relating to the creation of a commission to study capital punishment in Texas. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Chapter 37, Code of Criminal Procedure, is amended by adding Article 37.15 to read as follows: Art. 37.15. TEXAS CAPITAL PUNISHMENT COMMISSION Sec. 1. CREATION. The Texas Capital Punishment Commission is created. Sec. 2. DUTIES. (a) The commission shall study capital punishment in this state, concentrating particularly on issues relating to the legal representation of indigent inmates in capital cases, the certainty of the guilt of individuals convicted in capital cases and the ability of new technologies such as DNA testing 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. (b) After completing the study, the commission shall propose legislation to correct any inequities in the capital punishment process in this state. Sec. 3. COMPOSITION. (a) The commission is composed of the following 11 members: (1) the executive director of the Texas District and County Attorneys Association or the executive director's designee; (2) the executive director of the Texas Criminal Defense Lawyers Association or the executive director's designee; (3) the executive director of Justice for All or the executive director's designee; (4) the executive director of Murder Victims' Families for Reconciliation or the executive director's designee; (5) two members appointed by the governor; (6) two members appointed by the lieutenant governor, one of whom must be a former appellate level judge recommended by the Texas Judicial Council; (7) one member appointed by the speaker; (8) one member appointed by the dean of the law school at The University of Texas at Austin; and (9) one member appointed by the dean of the law school at Texas Tech University. (b) Each member of the commission must be generally experienced in criminal justice matters. (c) Each appointed member serves at the pleasure of the official by whom the member is appointed. (d) The governor shall designate a member to serve as presiding officer. Sec. 4. REIMBURSEMENT. A member of the commission may not receive compensation but is entitled to reimbursement of the travel expenses incurred by the member while conducting the business of the commission, as provided in the General Appropriations Act. Sec. 5. ASSISTANCE. The Texas Legislative Council, the Legislative Budget Board, and the Criminal Justice Policy Council shall assist the commission in performing the commission's duties. Sec. 6. SUBMISSION. The commission shall submit the proposed legislation described by Section 2 to the lieutenant governor and the speaker of the house of representatives not later than January 1, 2005. Sec. 7. INITIAL APPOINTMENTS. The governor, lieutenant governor, speaker of the house of representatives, and deans of the law schools at The University of Texas at Austin and Texas Tech University shall make their appointments to the commission not later than the 31st day after the effective date of this article. Sec. 8. OTHER LAW. The commission is not subject to Chapter 2110, Government Code. Sec. 9. ABOLITION. The commission is abolished on January 2, 2005, and this article expires on that date. SECTION 2. This Act takes effect September 1, 2003.