By: McClendon, et al. (Senate Sponsor - Ellis) H.B. No. 498

(In the Senate - Received from the House May 18, 2009; May 21, 2009, read first time and referred to Committee on Criminal Justice; May 23, 2009, reported adversely, with favorable Committee Substitute by the following vote: Yeas 5, Nays 0, 1 present not voting; May 23, 2009, sent to printer.)

COMMITTEE SUBSTITUTE FOR H.B. No. 498 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. TIMOTHY COLE INNOCENCE COMMISSION

Sec. 1. CREATION. The Timothy Cole Innocence Commission is created.

Sec. 2. COMPOSITION. (a) The commission is composed of the following nine members:

(1) two members appointed by the governor, one of whom must be a prosecuting attorney and one of whom must be a law enforcement officer;

(2) one member appointed by the chair of the criminal justice committee of the senate, who may be a member of the legislature;

(3) one member appointed by the chair of the criminal jurisprudence committee of the house of representatives, who may be a member of the legislature;

(4) one member appointed by the presiding judge of the court of criminal appeals, who must be a member of the judiciary;

(5) one member appointed by the presiding officer of the Texas Forensic Science Commission, who must work in the forensic science field;

(6) one member who is appointed, on a rotating basis, by the executive director of the innocence project at the Texas Tech University School of Law, the president of the Texas Center for Actual Innocence at The University of Texas School of Law, or the director of the Texas innocence network at the University of Houston Law Center and who must be an attorney with experience in filing successful appellate claims based on actual innocence;

(7) one member appointed by the Texas Criminal Defense Lawyers Association, who must be a criminal defense lawyer; and

(8) the director of the Task Force on Indigent Defense.

(b) Each member serves a two-year term.

(c) The governor shall designate a member to serve as presiding officer.

Sec. 3. DUTIES. The commission shall investigate thoroughly all post-conviction exonerations in this state, including, in appropriate circumstances as determined by the commission, 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.

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.

(b) The report shall be made available to the public on request.

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 and the Legislative Budget Board 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. (a) The purpose of this section is to establish the rotating basis for appointments as required by Section 2, Article 43.27, Code of Criminal Procedure, as added by this Act.

(b) The executive director of the innocence project at the Texas Tech University School of Law shall make the first appointment under Section 2, Article 43.27, Code of Criminal Procedure, as added by this Act. On the expiration of the term of that appointee, the president of the Texas Center for Actual Innocence at The University of Texas School of Law shall make the second appointment under Section 2, Article 43.27, Code of Criminal Procedure, as added by this Act. On the expiration of the term of that appointee, the director of the Texas innocence network at the University of Houston Law Center shall make the third appointment. On the expiration of the term of that appointee, the appointment cycle described by this section begins again.

SECTION 3. The initial appointments to the Timothy Cole Innocence Commission as required by Article 43.27, Code of Criminal Procedure, as added by this Act, shall be made not later than November 1, 2009.

SECTION 4. This Act takes effect September 1, 2009.

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