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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 study capital |
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punishment in Texas. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 37, Code of Criminal Procedure, is |
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amended by adding Article 37.15 to read as follows: |
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Art. 37.15. TEXAS CAPITAL PUNISHMENT COMMISSION |
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Sec. 1. CREATION. The Texas Capital Punishment Commission |
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is created. |
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Sec. 2. DUTIES. (a) The commission shall study capital |
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punishment in this state, concentrating particularly on: |
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(1) addressing issues related to the legal |
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representation of indigent inmates in capital cases; |
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(2) identifying aspects of the capital punishment |
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process that need improving, if any, including the manner in which |
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law enforcement agencies and the criminal justice system in this |
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state investigate, prosecute, and handle appeals of capital cases |
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and the ability of new technologies, including DNA testing, to |
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increase the reliability of convictions in capital cases; and |
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(3) establishing safeguards that ensure that law |
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enforcement agencies and the criminal justice system in this state |
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fairly and accurately investigate, prosecute, and handle appeals of |
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capital cases. |
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(b) In conducting the study under Subsection (a), the |
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commission may use the American Bar Association publication, "Death |
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Without Justice: A Guide for Examining the Administration of the |
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Death Penalty in the United States." |
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(c) After completing the study, the commission shall |
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propose legislation to correct any inequities in the capital |
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punishment process in this state. Legislation proposed under this |
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subsection must be designed to ensure that the application and |
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administration of capital punishment in this state are just, fair, |
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and accurate. |
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Sec. 3. COMPOSITION. (a) The commission is composed of the |
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following 11 members: |
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(1) the executive director of the Texas District and |
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County Attorneys Association or the executive director's designee; |
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(2) the executive director of the Texas Criminal |
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Defense Lawyers Association or the executive director's designee; |
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(3) the executive director of Justice for All or the |
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executive director's designee; |
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(4) the executive director of Murder Victims' Families |
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for Reconciliation or the executive director's designee; |
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(5) two members appointed by the governor; |
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(6) two members appointed by the lieutenant governor, |
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one of whom must be a former appellate level judge recommended by |
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the Texas Judicial Council; |
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(7) one member appointed by the speaker of the house of |
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representatives; |
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(8) one member appointed by the dean of the law school |
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at The University of Texas at Austin; and |
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(9) one member appointed by the dean of the law school |
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at Texas Tech University. |
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(b) Each member of the commission must be generally |
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experienced in criminal justice matters. |
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(c) Each appointed member serves at the pleasure of the |
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official by whom the member is appointed. |
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(d) The governor shall designate a member to serve as |
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presiding officer. |
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Sec. 4. REIMBURSEMENT. A member of the commission may not |
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receive 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. 5. ASSISTANCE. The Texas Legislative Council and the |
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Legislative Budget Board shall assist the commission in performing |
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the commission's duties. |
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Sec. 6. SUBMISSION. The commission shall submit the |
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proposed legislation described by Section 2(c) to the lieutenant |
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governor and the speaker of the house of representatives not later |
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than January 1, 2011. |
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Sec. 7. INITIAL APPOINTMENTS. The governor, the lieutenant |
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governor, the speaker of the house of representatives, and the |
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deans of the law schools at The University of Texas at Austin and |
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Texas Tech University shall make the appointments to the commission |
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not later than the 31st day after the effective date of this |
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article. |
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Sec. 8. OTHER LAW. The commission is not subject to Chapter |
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2110, Government Code. |
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Sec. 9. ABOLITION. The commission is abolished on January |
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1, 2011, and this article expires on that date. |
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SECTION 2. This Act takes effect September 1, 2009. |