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AN ACT
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relating to the establishment of an advisory panel to assist with a |
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study regarding the prevention of wrongful convictions. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. (a) The Timothy Cole advisory panel on wrongful |
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convictions is established to assist the Task Force on Indigent |
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Defense established under Subchapter D, Chapter 71, Government |
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Code, in conducting a study and preparing a report regarding the |
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prevention of wrongful convictions as provided by this section. |
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(b) The advisory panel is composed of the following members: |
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(1) the director of the Task Force on Indigent |
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Defense; |
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(2) the chair of the criminal justice committee of the |
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senate or a member of the senate designated by the chair; |
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(3) the chair of the jurisprudence committee of the |
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senate or a member of the senate designated by the chair; |
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(4) the chair of the criminal jurisprudence committee |
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of the house of representatives or a member of the house of |
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representatives designated by the chair; |
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(5) the chair of the corrections committee of the |
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house of representatives or a member of the house of |
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representatives designated by the chair; |
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(6) the executive director of the Texas Criminal |
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Defense Lawyers Association or a representative designated by the |
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executive director; |
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(7) the president of the Texas District and County |
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Attorneys Association or a representative designated by the |
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president; |
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(8) the presiding judge of the court of criminal |
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appeals or a representative who is designated by the presiding |
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judge and who is a judge of the court of criminal appeals; |
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(9) one representative of a public law school in this |
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state, chosen by the deans of the public law schools in this state; |
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and |
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(10) one employee of the office of the governor, |
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appointed by the governor. |
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(c) The director of the Task Force on Indigent Defense is |
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the presiding officer of the advisory panel. The advisory panel |
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shall meet at the call of the presiding officer but not less than |
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three times in person and as needed by telephone conference call. |
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(d) The Task Force on Indigent Defense, with the advice and |
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assistance of the advisory panel, shall conduct a study regarding: |
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(1) the causes of wrongful convictions; |
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(2) procedures and programs that may be implemented to |
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prevent future wrongful convictions; |
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(3) the effects of state law on wrongful convictions, |
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as determined based on state statutes regarding eyewitness |
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identification procedures, the recording of custodial |
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interrogations, postconviction DNA testing, and writs of habeas |
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corpus based on relevant scientific evidence; and |
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(4) whether the creation of an innocence commission to |
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investigate wrongful convictions would be appropriate. |
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(e) The Task Force on Indigent Defense may request that an |
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entity in the legislative, judicial, or executive branch of state |
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government or a political subdivision provide to the advisory panel |
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information related to the advisory panel's duties under this |
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section. On the request of the Task Force on Indigent Defense under |
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this subsection, an entity may provide information to the advisory |
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panel unless the entity is otherwise prohibited from disclosing the |
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information. |
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(f) Not later than January 1, 2011, the Task Force on |
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Indigent Defense shall prepare a report regarding the results of |
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the study conducted under this section and submit the report, after |
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consulting with the advisory panel, to the governor, the lieutenant |
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governor, the speaker of the house of representatives, and the |
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standing committees of each house of the legislature with a |
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representative serving on the advisory panel. |
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(g) This section expires January 1, 2011. |
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SECTION 2. This Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 498 was passed by the House on May 15, |
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2009, by the following vote: Yeas 87, Nays 51, 2 present, not |
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voting; that the House refused to concur in Senate amendments to |
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H.B. No. 498 on May 29, 2009, and requested the appointment of a |
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conference committee to consider the differences between the two |
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houses; and that the House adopted the conference committee report |
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on H.B. No. 498 on May 31, 2009, by the following vote: Yeas 89, |
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Nays 56, 1 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 498 was passed by the Senate, with |
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amendments, on May 27, 2009, by the following vote: Yeas 28, Nays |
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3; at the request of the House, the Senate appointed a conference |
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committee to consider the differences between the two houses; and |
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that the Senate adopted the conference committee report on H.B. No. |
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498 on May 31, 2009, by the following vote: Yeas 27, Nays 4. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |