By: Ellis, Van de Putte  S.B. No. 263
       (In the Senate - Filed January 22, 2007; January 30, 2007,
read first time and referred to Committee on Criminal Justice;
April 16, 2007, reported adversely, with favorable Committee
Substitute by the following vote:  Yeas 5, Nays 0; April 16, 2007,
sent to printer.)
 
COMMITTEE SUBSTITUTE FOR S.B. No. 263 By:  Ellis
 
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 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 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 shall appoint one member, who must be an attorney with
experience in filing successful appellate claims based on 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, 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.
       (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, 2007.
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