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Amend SB 1879 by adding the following Sections to read as
follows and renumbering the subsequent Sections appropriately:
SECTION ____. 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 lieutenant governor shall appoint one member, who may
be a member of the legislature. The speaker of the house of
representatives shall appoint one member, who may a member of the
legislature. The presiding judge of the court of criminal appeals
shall appoint one member, who must be a member of the judiciary. The
presiding officer of the Texas Forensic Science Commission shall
appoint one member, who must work in the forensic science field.
The Texas District and County Attorneys Association shall appoint
one member, who must be a prosecuting attorney. The Texas Criminal
Defense Lawyers Association shall appoint one member, who must be a
criminal defense lawyer. The president of the Texas Center for
Actual Innocence at The University of Texas School of Law, the
director of the innocence project at the University of Houston Law
Center, or the director of the innocence project at the Texas Tech
University School of Law, on a rotating basis, shall appoint one
member, who must be an attorney with experience in filing
successful appellate claims based an actual innocence.
(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 all postconviction exonerations involving controlled
substances under state law, and including convictions vacated based
on a plea to time served, to:
(1) ascertain errors and defects in the criminal
procedure used to prosecute the defendant's case at issue;
(2) identify errors and defects in the criminal justice
process in this state generally;
(3) develop solutions and methods to correct the
identified errors and defects; and
(4) identify procedures and programs to prevent future
wrongful convictions.
(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.
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. REIMBURSEMENT. A member of the commission is not