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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of a commission to investigate and prevent |
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wrongful convictions. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 43, Code of Criminal Procedure, is |
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amended by adding Article 43.27 to read as follows: |
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Art. 43.27. TEXAS INNOCENCE COMMISSION |
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Sec. 1. CREATION. The Texas Innocence Commission is |
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created. |
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Sec. 2. COMPOSITION. (a) The commission is composed of |
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nine members. The governor shall appoint two members, one of whom |
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must be a dean of a law school and one of whom must be a law |
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enforcement officer. The attorney general shall appoint one |
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member, who must be an attorney who represents the state in the |
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prosecution of felonies. The chair of the criminal justice |
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committee of the senate shall appoint one member, who may be a |
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member of the legislature. The chair of the criminal jurisprudence |
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committee of the house of representatives shall appoint one member, |
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who may be a member of the legislature. The chief justice of the |
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supreme court shall appoint one member, who must be a member of the |
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judiciary. The chancellor of The University of Texas System shall |
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appoint two members, one of whom must be a law professor and one of |
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whom must work in the forensic science field. The Texas Criminal |
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Defense Lawyers Association shall appoint one member, who must be a |
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criminal defense lawyer. |
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(b) Each member serves a two-year term. |
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(c) The governor shall designate a member to serve as |
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presiding officer. |
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Sec. 3. DUTIES. (a) The commission shall investigate |
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thoroughly: |
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(1) all postconviction exonerations, including |
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convictions vacated based on a plea to time served, to: |
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(A) ascertain errors and defects in the criminal |
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procedure used to prosecute the defendant's case at issue; |
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(B) identify errors and defects in the criminal |
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justice process in this state generally; |
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(C) develop solutions and methods to correct the |
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identified errors and defects; and |
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(D) identify procedures and programs to prevent |
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future wrongful convictions; and |
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(2) all colorable allegations that an innocent person |
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has been executed. |
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(b) The commission may enter into contracts for research |
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services as considered necessary to complete the investigation of a |
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particular case, including forensic testing and autopsies. |
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(c) The commission may administer oaths and issue |
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subpoenas, signed by the presiding officer, to compel the |
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production of documents and the attendance of witnesses as |
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considered necessary to conduct a thorough investigation. A |
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subpoena of the commission shall be served by a peace officer in the |
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manner in which district court subpoenas are served. On |
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application of the commission, a district court of Travis County |
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shall compel compliance with the subpoena in the same manner as for |
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district court subpoenas. |
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Sec. 4. REPORT. (a) The commission shall compile a |
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detailed annual report of its findings and recommendations, |
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including any proposed legislation to implement procedures and |
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programs to prevent future wrongful convictions or executions. |
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(b) The report shall be made available to the public on |
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request. |
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(c) The findings and recommendations contained in the |
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report may not be used as binding evidence in a subsequent civil or |
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criminal proceeding. |
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Sec. 5. SUBMISSION. The commission shall submit the report |
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described by Section 4 to the governor, the lieutenant governor, |
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and the speaker of the house of representatives not later than |
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December 1 of each even-numbered year. |
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Sec. 6. RESPONSE. Not later than the 60th day after the |
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date of receipt of the report required by this article, the |
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governor, lieutenant governor, and speaker of the house of |
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representatives shall, singly or jointly, issue a formal written |
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response to the findings and recommendations of the commission. |
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Sec. 7. REIMBURSEMENT. A member of the commission is not |
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entitled to compensation but is entitled to reimbursement for the |
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member's travel expenses as provided by Chapter 660, Government |
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Code, and the General Appropriations Act. |
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Sec. 8. ASSISTANCE. The Texas Legislative Council, the |
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Legislative Budget Board, and The University of Texas at Austin |
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shall assist the commission in performing the commission's duties. |
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Sec. 9. OTHER LAW. The commission is not subject to Chapter |
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2110, Government Code. |
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SECTION 2. The appointments to the Texas Innocence |
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Commission as required by Article 43.27, Code of Criminal |
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Procedure, as added by this Act, shall be made not later than the |
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60th day after the effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2007. |