79R8864 RMB-D

By:  Ellis                                                        S.B. No. 1033



A BILL TO BE ENTITLED

AN ACT

relating to the creation of a commission to investigate and prevent 
wrongful convictions.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Chapter 43, Code of Criminal Procedure, is 
amended by adding Article 43.27 to read as follows:
	Art. 43.27.  TEXAS INNOCENCE COMMISSION                                 
	Sec. 1.  CREATION.  The Texas Innocence Commission is 
created.        
	Sec. 2.  COMPOSITION.  (a)  The commission is composed of 
nine members.  The governor shall appoint two members, one of whom 
must be a dean of a law school and one of whom must be a law 
enforcement officer.  The attorney general shall appoint one 
member, who must be an attorney who represents the state in the 
prosecution of felonies.  The chair of the criminal justice 
committee of the senate shall appoint one member, who may be a 
member of the legislature.  The chair of the criminal jurisprudence 
committee of the house of representatives shall appoint one member, 
who may be a member of the legislature.  The chief justice of the 
supreme court shall appoint one member, who must be a member of the 
judiciary.  The chancellor of The University of Texas System shall 
appoint two members, one of whom must be a law professor and one of 
whom must work in the forensic science field.  The Texas Criminal 
Defense Lawyers Association shall appoint one member, who must be a 
criminal defense lawyer.
	(b)  Each member serves a two-year term.                                
	(c)  The governor shall designate a member to serve as 
presiding officer.
	Sec. 3.  DUTIES.  (a)  The commission shall investigate 
thoroughly:   
		(1)  all postconviction exonerations, including 
convictions vacated based on a plea to time served, to:
			(A)  ascertain errors and defects in the criminal 
procedure used to prosecute the defendant's case at issue;
			(B)  identify errors and defects in the criminal 
justice process in this state generally;
			(C)  develop solutions and methods to correct the 
identified errors and defects; and
			(D)  identify procedures and programs to prevent 
future wrongful convictions; and
		(2)  all colorable allegations that an innocent person 
has been executed.
	(b)  The commission may enter into contracts for research 
services as considered necessary to complete the investigation of a 
particular case, including forensic testing and autopsies.
	(c)  The commission may 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.  A 
subpoena of the commission shall be served by a peace officer in the 
manner in which district court subpoenas are served.  On 
application of the commission, a district court of Travis County 
shall compel compliance with the subpoena in the same manner as for 
district court subpoenas.
	Sec. 4.  REPORT.  (a)  The commission shall compile a 
detailed annual report of its findings and recommendations, 
including any proposed legislation to implement procedures and 
programs to prevent future wrongful convictions or executions.
	(b)  The report shall be made available to the public on 
request.     
	(c)  The findings and recommendations contained in the 
report may not be used as binding evidence in a subsequent civil or 
criminal proceeding.
	Sec. 5.  SUBMISSION.  The commission shall submit the report 
described by Section 4 to the governor, the lieutenant governor, 
and the speaker of the house of representatives not later than 
December 1 of each even-numbered year.
	Sec. 6.  RESPONSE.  Not later than the 60th day after the 
date of receipt of the report required by this article, the 
governor, lieutenant governor, and speaker of the house of 
representatives shall, singly or jointly, issue a formal written 
response to the findings and recommendations of the commission.
	Sec. 7.  REIMBURSEMENT.  A member of the commission is not 
entitled to compensation but is entitled to reimbursement for the 
member's travel expenses as provided by Chapter 660, Government 
Code, and the General Appropriations Act.
	Sec. 8.  ASSISTANCE.  The Texas Legislative Council, the 
Legislative Budget Board, and The University of Texas at Austin 
shall assist the commission in performing the commission's duties.
	Sec. 9.  OTHER LAW.  The commission is not subject to Chapter 
2110, Government Code.
	SECTION 2.  The appointments to the Texas Innocence 
Commission as required by Article 43.27, Code of Criminal 
Procedure, as added by this Act, shall be made not later than the 
60th day after the effective date of this Act.
	SECTION 3.  This Act takes effect September 1, 2005.