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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 and to a moratorium on executions. |
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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 issues |
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relating to the legal representation of inmates in capital cases, |
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the certainty of the guilt of individuals convicted in capital |
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cases, and the sufficiency of appellate review of convictions in |
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capital cases. |
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(b) The commission shall consult and cooperate with the |
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Texas Criminal Justice Integrity Unit, as appointed by the Texas |
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Court of Criminal Appeals, when conducting the study described by |
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Subsection (a). |
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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. |
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Sec. 3. COMPOSITION. (a) The commission is composed of |
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nine members appointed by the governor, three of whom must be |
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appointed from a list of candidates submitted to the governor by the |
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speaker of the house of representatives and three of whom must be |
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appointed from a list of candidates submitted to the governor by the |
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lieutenant governor. The governor may reject the candidates on a |
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list and require a new list to be submitted. |
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(b) Each member serves at the pleasure of the governor. |
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(c) The governor shall designate a member to serve as |
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presiding officer. |
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(d) Each member of the commission must be generally |
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experienced in criminal justice matters. In addition, there must |
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be at least one member of the commission who is experienced in the |
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prosecution of capital cases, one who is experienced in the defense |
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of capital cases, and one who is experienced as a trial judge in |
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capital cases. The governor shall ensure that the commission |
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members have the qualifications required by this subsection. |
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Sec. 4. 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. 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 to the lieutenant |
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governor and the speaker of the house of representatives not later |
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than December 1, 2010. |
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Sec. 7. INITIAL APPOINTMENTS. The governor shall make the |
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appointments to the commission as soon as possible after the |
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effective date of this article. |
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Sec. 8. MORATORIUM. The state may not execute an inmate on |
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or after the effective date of this article and before September 1, |
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2011. |
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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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Sec. 10. 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. |