By:  Ellis, Hinojosa                                              S.B. No. 1045


A BILL TO BE ENTITLED

AN ACT

relating to the creation of a joint interim committee to 
investigate and prevent wrongful convictions.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  (a)  The joint interim committee on 
postconviction exonerations is established to:
(1)  study the causes of and investigate wrongful 
criminal convictions;       
(2)  identify appropriate improvements in the 
criminal justice system to prevent future wrongful convictions;
(3)  recommend policies, procedures, practices, and 
legislation needed to prevent future wrongful convictions; and
(4)  assess the procedures used by counties to ensure 
due process and suggest a statewide model for procedures ensuring 
due process.
	(b)  The joint interim committee is composed of the following 
nine members:  
(1)  an attorney who represents the state in the 
prosecution of felonies, as appointed by the attorney general;
(2)  two members of the criminal justice committee of 
the senate who are appointed by the lieutenant governor;
(3)  two members of the criminal jurisprudence 
committee of the house of representatives who are appointed by the 
speaker of the house of representatives;
(4)  a member of the judiciary who is appointed by the 
chief justice of the supreme court;
(5)  two law professors who are appointed by the 
chancellor of The University of Texas System, one of whom works in 
the forensic science field; and
(6)  a criminal defense attorney who is appointed by 
the Texas Criminal Defense Lawyers Association.
	(c)  The lieutenant governor shall designate one of the 
members of that committee who are appointed to the joint interim 
committee as described by Subsection (b) of this section to serve as 
the chair of the interim committee.
	(d)  The joint interim committee shall meet initially at the 
call of the chair of the interim committee, and the interim 
committee shall subsequently hold meetings and public hearings at 
the call of the chair.  To the extent that it is financially 
possible, the interim committee shall hold public hearings in 
multiple locations across this state.
	(e)  The joint interim committee may issue process as 
provided by the senate and house of representatives rules of 
procedure and by Section 301.024, Government Code, and has all 
other powers and duties provided to special committees by the 
senate and house of representatives rules of procedure, by 
Subchapter B, Chapter 301, Government Code, and by policies of the 
senate and house committees on administration.
	(f)  From the contingent expense fund of the senate and the 
contingent expense fund of the house of representatives equally, 
the members of the joint interim committee shall be reimbursed for 
expenses incurred in carrying out the provisions of this Act in 
accordance with the senate and house of representatives rules of 
procedure and the policies of the senate and house committees on 
administration.  Other necessary expenses of operation shall be 
paid from the contingent expense fund of the senate and the 
contingent expense fund of the house of representatives equally.
	(g)  Not later than October 1, 2004, the joint interim 
committee shall prepare and deliver to the governor, the lieutenant 
governor, and the speaker of the house of representatives copies of 
the report containing the interim committee's findings and 
recommendations.
	SECTION 2.  This Act takes effect immediately if it receives 
a vote of two-thirds of all members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2003.
	SECTION 3.  A person or association required to appoint a 
member to the joint interim committee on postconviction 
exonerations shall make the appointment not later than October 1, 
2003.