| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the creation of a commission to study capital |
|
|
punishment in Texas and to a moratorium on executions. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Chapter 37, Code of Criminal Procedure, is |
|
|
amended by adding Article 37.15 to read as follows: |
|
|
Art. 37.15. TEXAS CAPITAL PUNISHMENT COMMISSION |
|
|
Sec. 1. CREATION. The Texas Capital Punishment Commission |
|
|
is created. |
|
|
Sec. 2. DUTIES. (a) The commission shall study capital |
|
|
punishment in this state, concentrating particularly on issues |
|
|
relating to the legal representation of inmates in capital cases, |
|
|
the certainty of the guilt of individuals convicted in capital |
|
|
cases, and the sufficiency of appellate review of convictions in |
|
|
capital cases. |
|
|
(b) The commission shall consult and cooperate with the |
|
|
Texas Criminal Justice Integrity Unit, as appointed by the Texas |
|
|
Court of Criminal Appeals, when conducting the study described by |
|
|
Subsection (a). |
|
|
(c) After completing the study, the commission shall |
|
|
propose legislation to correct any inequities in the capital |
|
|
punishment process in this state. |
|
|
Sec. 3. COMPOSITION. (a) The commission is composed of |
|
|
nine members appointed by the governor, three of whom must be |
|
|
appointed from a list of candidates submitted to the governor by the |
|
|
speaker of the house of representatives and three of whom must be |
|
|
appointed from a list of candidates submitted to the governor by the |
|
|
lieutenant governor. The governor may reject the candidates on a |
|
|
list and require a new list to be submitted. |
|
|
(b) Each member serves at the pleasure of the governor. |
|
|
(c) The governor shall designate a member to serve as |
|
|
presiding officer. |
|
|
(d) Each member of the commission must be generally |
|
|
experienced in criminal justice matters. In addition, there must |
|
|
be at least one member of the commission who is experienced in the |
|
|
prosecution of capital cases, one who is experienced in the defense |
|
|
of capital cases, and one who is experienced as a trial judge in |
|
|
capital cases. The governor shall ensure that the commission |
|
|
members have the qualifications required by this subsection. |
|
|
Sec. 4. 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. 5. ASSISTANCE. The Texas Legislative Council and the |
|
|
Legislative Budget Board shall assist the commission in performing |
|
|
the commission's duties. |
|
|
Sec. 6. SUBMISSION. The commission shall submit the |
|
|
proposed legislation described by Section 2 to the lieutenant |
|
|
governor and the speaker of the house of representatives not later |
|
|
than December 1, 2012. |
|
|
Sec. 7. INITIAL APPOINTMENTS. The governor shall make the |
|
|
appointments to the commission as soon as possible after the |
|
|
effective date of this article. |
|
|
Sec. 8. MORATORIUM. The state may not execute an inmate on |
|
|
or after the effective date of this article and before September 1, |
|
|
2013. |
|
|
Sec. 9. OTHER LAW. The commission is not subject to Chapter |
|
|
2110, Government Code. |
|
|
Sec. 10. ABOLITION. The commission is abolished on January |
|
|
1, 2013, and this article expires on that date. |
|
|
SECTION 2. This Act takes effect September 1, 2011. |