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A BILL TO BE ENTITLED
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AN ACT
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relating to the execution of an innocent person as the subject of a |
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court of inquiry. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Articles 52.01 (a)-(c), Code of Criminal |
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Procedure, are amended to read as follows: |
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(a) When a judge of any district court of this state, acting |
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in the judge's [his] capacity as magistrate, has probable cause to |
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believe that an offense has been committed against the laws of this |
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state or that an innocent person has been executed by the state, the |
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judge [he] may request that the presiding judge of the |
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administrative judicial district appoint a district judge to |
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commence a Court of Inquiry. The district judge, who shall be |
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appointed in accordance with Subsection (b), may summon and examine |
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any witness in relation to the offense in accordance with the rules |
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hereinafter provided, which procedure is defined as a "Court of |
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Inquiry". |
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(b)(1) Before requesting the presiding judge to appoint a |
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district judge to commence a Court of Inquiry, a judge must enter |
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into the minutes of the judge's [his] court a sworn affidavit |
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stating the substantial facts establishing probable cause that a |
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specific offense has been committed against the laws of this state |
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or that an innocent person has been executed by the state. |
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(2) After the affidavit has been entered into the |
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minutes of the judge's [his] court and a copy filed with the |
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district clerk, the judge shall request the presiding judge of the |
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administrative judicial district in which the affidavit is filed to |
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appoint a district judge to commence the Court of Inquiry. The |
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district judge appointed to commence the Court of Inquiry shall |
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issue a written order commencing the Court of Inquiry and stating |
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its scope. The presiding judge shall not name the judge who requests |
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the Court of Inquiry to preside over the Court of Inquiry. |
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(c) The district or county attorney of the district or |
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county in which the Court of Inquiry is held shall assist the |
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district judge in conducting the Court of Inquiry. The attorney |
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shall examine witnesses and evidence admitted before the court to |
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determine if an offense has been committed or if an innocent person |
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has been executed by the state and shall render other assistance to |
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the judge as is necessary in the proceeding. |
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SECTION 2. Article 52.04(b), Code of Criminal Procedure, is |
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amended to read as follows: |
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(b) If the Court of Inquiry pertains to an allegation that |
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an offense has been committed arising out of the activities of a |
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state governmental entity or its officers or employees, the |
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officers and employees of that state governmental entity shall be |
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indemnified for attorney's fees incurred as a result of exercising |
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the employees' or officers' right to counsel under Subsection (a) |
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if: |
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(1) the officer or employee is found not guilty after a |
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trial or appeal or the complaint, information, or indictment is |
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dismissed without a plea of guilty or nolo contendere being |
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entered; and |
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(2) the judge commencing the Court of Inquiry, or the |
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judge to whom the Court of Inquiry was transferred pursuant to |
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Article 52.01(e), determines that the complaint, information, or |
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indictment presented against the person was dismissed because: |
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(A) the presentment was made on mistake, false |
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information, or other similar basis, indicating absence of probable |
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cause to believe, at the time of dismissal, the person committed the |
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offense; or |
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(B) the complaint, information, or indictment |
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was void. |
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SECTION 3. Article 52.08, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 52.08. CRIMINAL PROSECUTIONS; EXECUTIONS. (a) If it |
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appears [appear] from a Court of Inquiry or any testimony adduced |
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therein, that an offense has been committed, the Judge shall issue a |
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warrant for the arrest of the offender as if complaint had been made |
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and filed. |
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(b) If it appears from a Court of Inquiry or any testimony |
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adduced in the court that an innocent person has been executed, the |
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judge shall notify the governor and attorney general of that fact. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |