83R1716 ADM-D

By: McClendon, Moody, Canales, Crownover, H.B. No. 166

Leach, et al.

A BILL TO BE ENTITLED

AN ACT

relating to the creation of a commission to investigate convictions after exoneration and to 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 EXONERATION REVIEW COMMISSION

Sec. 1. CREATION. The Timothy Cole Exoneration Review Commission is created.

Sec. 2. COMPOSITION. The commission is composed of nine members appointed by the governor. The governor shall make appointments to the commission without regard to the race, color, disability, sex, religion, age, or national origin of the appointee.

Sec. 3. TERMS; VACANCIES. (a) Members serve staggered six-year terms, with one-third of the members' terms expiring February 1 of each odd-numbered year.

(b) In the event of a vacancy, the governor shall appoint a replacement to fill the unexpired portion of the term.

(c) The presiding officer of the commission shall be elected on an annual basis by the members of the commission.

Sec. 4. MEETINGS. (a) The commission may hold its meetings, hearings, and other proceedings at times and places as the commission shall determine, but shall meet in Austin at least once each year. Proceedings shall be by majority vote of those present.

(b) The commission shall conduct a public hearing at least once a year, the agenda of which must include a review of the work of the commission in reviewing and investigating matters considered by the commission under this article.

Sec. 5. QUALIFICATIONS. (a) Each member must be a registered voter of the state.

(b) A member of the commission may not hold any other public office or be an employee of any state department or agency, or be an employee or member of another state board or commission during the member's tenure on the commission.

(c) An individual may not be a member of the commission or act as the general counsel to the commission if the individual or individual's spouse is required to register as a lobbyist under Chapter 305, Government Code, because of the individual's activities for compensation on behalf of a profession or entity related to the operation of the commission.

Sec. 6. GROUNDS FOR REMOVAL. (a) It is a ground for removal from the commission that a member:

(1) does not have at the time of appointment the qualifications required by this article;

(2) does not maintain during service on the commission the qualifications required by this article;

(3) violates a prohibition established by this article;

(4) is ineligible for membership under this article;

(5) cannot, because of illness or disability, discharge the member's duties for a substantial part of the member's term; or

(6) is absent from more than half of the regularly scheduled meetings that the member is eligible to attend during a calendar year, unless the absence is excused by a majority vote of the commission.

(b) The validity of an action of the commission is not affected by the fact that it is taken when a ground for removal of a commission member exists.

Sec. 7. COMMISSION MEMBER TRAINING. (a) A person who is appointed to and qualifies for office as a member of the commission shall complete a training program that meets the requirements of this section.

(b) The training program must provide the person with information regarding:

(1) the legislation that created the commission;

(2) the programs operated by the commission;

(3) the role and functions of the commission;

(4) the rules of the commission, with an emphasis on the rules that relate to its investigatory authority;

(5) the requirements of laws relating to public officials and public meetings, including conflict-of-interest laws; and

(6) any applicable ethics policies adopted by the commission or the Texas Ethics Commission.

Sec. 8. SUNSET PROVISION. The Timothy Cole Exoneration Review Commission is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the Timothy Cole Exoneration Review Commission is abolished and this article expires September 1, 2025.

Sec. 9. DUTIES. (a) The commission shall make thorough review or investigation of all cases in which an innocent person was convicted and exonerated, including convictions vacated based on a plea to time served, to:

(1) identify the causes of wrongful convictions;

(2) ascertain errors and defects in the laws, rules, proof, and procedures applied in prosecuting the defendant's case at issue or implicated by each identified cause of wrongful convictions;

(3) identify errors and defects in the criminal justice process in this state generally, using peer-reviewed research, expert analysis, and demographic data;

(4) consider and develop solutions and methods to correct the identified errors and defects through legislation, rule, or procedural changes; and

(5) identify procedures, programs, and educational or training opportunities demonstrated to eliminate or minimize the causes of wrongful convictions and prevent the future occurrence of wrongful convictions and resulting executions.

(b) The commission shall thoroughly review each application for writ of habeas corpus made to the court of criminal appeals for which the court has issued a final ruling to:

(1) identify any ethical violations or misconduct by attorneys or judges revealed in the course of the habeas review process;

(2) refer any ethical violations or misconduct discovered to the State Commission on Judicial Conduct, the State Bar of Texas, the office of the attorney general, or other appropriate agency or office to review the violations or misconduct and, if appropriate, initiate or take corrective disciplinary action;

(3) identify any patterns of ethical violations or misconduct by attorneys or judges or errors or defects in the criminal justice system in this state that impact the habeas review process;

(4) consider and develop solutions and methods to correct through legislation, rule, or procedural changes the patterns, errors, and defects identified under Subdivision (3); and

(5) identify procedures, programs, and educational or training opportunities demonstrated to eliminate or minimize the patterns, errors, and defects identified under Subdivision (3).

(c) The commission shall consider potential implementation plans, costs, cost savings, and the impact on the criminal justice system for each potential solution identified under Subsection (a) or (b).

(d) The commission may enter into contracts for research and professional services as may be necessary or appropriate to facilitate the work and activities of the commission or complete the review or investigation of a particular case, including forensic testing and autopsies.

Sec. 10. REPORTS AND RECORDS. (a) The commission shall compile a detailed annual report of its findings and recommendations, including any proposed legislation, rule, or policy changes necessary or appropriate to implement procedures and programs to prevent the causes and occurrence of future wrongful convictions, wrongful executions, or defects or errors in the habeas review process. The commission may also compile interim reports for the same or similar purposes.

(b) Official annual and interim reports issued by the commission must be made available to the public on request.

(c) The findings and recommendations contained in the official reports issued by the commission may be used as evidence in any subsequent civil or criminal proceeding, according to the applicable procedural and evidentiary rules for the tribunal in which a particular matter is or may be pending.

(d) Working papers and records, including all documentary or other information, prepared or maintained by the commission, members, or staff in performing the commission's duties under this article or other law to conduct an evaluation and prepare a report, are excepted from the public disclosure requirements of Section 552.021, Government Code. A record held by another entity that is considered to be confidential by law and that the commission receives in connection with the performance of the commission's functions under this article or another law remains confidential and is excepted from the public disclosure requirements of Section 552.021, Government Code.

Sec. 11. SUBMISSION. The commission shall submit the reports described by Section 10 to the governor, the lieutenant governor, the speaker of the house of representatives, and the legislature not later than December 1 of each even-numbered year, or not later than the 60th day after the issuance of the report, whichever occurs first.

Sec. 12. GIFTS AND GRANTS. (a) The commission may apply for and accept gifts, grants, and donations from any organization described in Section 501(c)(3) or (4), Internal Revenue Code of 1986, for the purpose of funding any activity of the commission under this article. The commission may apply for and accept grants under federal programs.

(b) The commission may also receive donations from private individuals or entities.

(c) All gifts, grants, and donations must be accepted in an open meeting by a majority of the members of the commission then present and voting, and must be reported in the public records of the commission with the name of the donor and purpose of the gift, grant, or donation accepted.

(d) The commission may authorize and disburse subgrants of funds from those funds that the commission may accept from time to time under this section for appropriate programs, services, and activities related to and in accord with the purposes and activities of the commission.

Sec. 13. COMPENSATION; REIMBURSEMENT. A member of the commission may not receive compensation for the services provided as a member. A member is entitled to reimbursement by the commission for the member's actual and necessary expenses incurred in performing commission duties, subject to the availability of funds from general revenue that may be appropriated to the commission by the state. Reimbursements to members for actual and necessary expenses incurred may be authorized by the commission through funds received and administered by the commission from gifts, grants, and donations the commission accepts under Section 12.

Sec. 14. ASSISTANCE OF STATE AGENCIES; ACCESS TO STATE AGENCIES. (a) The Legislative Budget Board and The University of Texas at Austin shall assist the commission in performing the commission's duties.

(b) The commission may also request the assistance of other state agencies and officers. When assistance is requested, a state agency or officer shall assist the commission in carrying out its functions under this article. The commission or its designee may inspect the records, documents, and files of any state agency in carrying out the commission's duties.

Sec. 15. OTHER LAW. The commission is not subject to Chapter 2110, Government Code.

SECTION 2. In appointing the initial members of the Timothy Cole Exoneration Review Commission, the governor shall appoint three persons to terms expiring February 1, 2015, three to terms expiring February 1, 2017, and three to terms expiring February 1, 2019.

SECTION 3. The appointments to the Timothy Cole Exoneration Review Commission required by Article 43.27, Code of Criminal Procedure, as added by this Act, shall be made not later than the 60th day after the effective date of this Act.

SECTION 4. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2013.

COMMITTEE AMENDMENT NO. 1 Amend H.B. 166 as introduced, Section 9 of the Bill as follows: On page 5, lines 26-27, amend section (d) by adding the following language [double-underscored]: (d) The commission may enter into contracts for research and professional services as may be necessary or appropriate to facilitate the work and activities of the commission or complete the review or investigation of a case in which there has been an exoneration or a final adjudication of a habeas corpus exoneration or a final adjudication of a habeas corpus forensic testing and autopsies. Schaefer