By:  Ellis                                                        S.B. No. 1033
	(In the Senate - Filed March 7, 2005; March 21, 2005, read 
first time and referred to Committee on Criminal Justice; 
April 25, 2005, reported adversely, with favorable Committee 
Substitute by the following vote:  Yeas 5, Nays 1; April 25, 2005, 
sent to printer.)


COMMITTEE SUBSTITUTE FOR S.B. No. 1033                                   By:  Ellis


A BILL TO BE ENTITLED

AN ACT


relating to the powers and duties of the Criminal Justice Advisory 
Council.
	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.  CRIMINAL JUSTICE ADVISORY COUNCIL                          
	Sec. 1.  DEFINITION.  In this article, "council" means the 
Criminal Justice Advisory Council created by executive order.
	Sec. 2.  GOALS.  (a)  In addition to the duties imposed by 
executive order, the council may 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;
			(D)  identify procedures and programs to prevent 
future wrongful convictions; and
			(E)  identify postconviction procedures to 
provide courts with additional methods to identify wrongful 
convictions; and
		(2)  all colorable allegations that an innocent person 
has been executed.
	(b)  The council 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 council may administer oaths and issue subpoenas, 
signed by the chairperson, to compel the production of documents 
and the attendance of witnesses as considered necessary to conduct 
a thorough investigation.  A subpoena of the council shall be served 
by a peace officer in the manner in which district court subpoenas 
are served.  On application of the council, a district court of 
Travis County shall compel compliance with the subpoena in the same 
manner as for district court subpoenas.
	SECTION 2.  This Act takes effect September 1, 2005.                           



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