|
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, at
least one of whom must be a member of the law enforcement community,
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.
No
equivalent provision.
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.
No
equivalent provision.
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 conducted 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 examining 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 examination
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, 2027.
Sec. 9. DUTIES. (a) The
commission shall thoroughly review and examine all cases in which an
innocent defendant 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 system 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 any related wrongful executions.
(b) The commission shall thoroughly review and examine each application for writ of habeas corpus made
to the court of criminal appeals, and 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, including forensic testing and autopsies,
as may be necessary or appropriate to facilitate the work and activities of
the commission or to complete the review and examination of a case in which
there has been an exoneration or a
final ruling on an application for a writ of habeas corpus.
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 errors
or defects 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 or members or staff of the commission 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
other 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 date the report is issued, 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 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.
|
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 the following
nine members:
(1) the presiding judge of the court of criminal appeals, or
another judge of the court of criminal appeals appointed by the presiding
judge;
(2) the chief justice of the Texas Supreme Court, or another
justice of the Texas Supreme Court appointed by the chief justice;
(3) a district court judge, appointed by the presiding judge of
the court of criminal appeals;
(4) the presiding officer of the Texas Commission on Law
Enforcement, or a member or employee of the Texas Commission on Law
Enforcement appointed by the presiding officer;
(5) the presiding officer of the Texas Indigent Defense
Commission, or a member or employee of the Texas Indigent Defense
Commission appointed by the presiding officer;
(6) the presiding officer of the Texas Forensic Science
Commission, or a member or employee of the Texas Forensic Science
Commission who has significant experience in the field of forensic science
appointed by the presiding officer;
(7) the chair of the Senate Committee on Criminal Justice, or the
chair's designee;
(8) the chair of the House Committee on Criminal Jurisprudence, or
the chair's designee; and
(9) the president of the State Bar of Texas, or the president's
designee.
Sec. 3. ADVISORY PANEL.
The commission may receive advice and guidance from an advisory panel
composed of the following members:
(1) the president of the
Texas Criminal Defense Lawyers Association, or the president's designee;
(2) the chairman of the
board of the Texas District and County Attorneys Association, or the
chairman's designee; and
(3) the director of the
Texas Center for Actual Innocence at The University of Texas School of Law,
the director of the Texas Innocence Network at the University of Houston
Law Center, the executive director of the Innocence Project of Texas, or
the executive director of the Innocence Project at Thurgood Marshall School
of Law, each serving on a rotating basis.
Sec. 4. TERMS;
VACANCIES. (a) If a member of the commission is appointed under Sections
2(1)-(6), the member serves for a six-year term.
(c) If a person appointed
to the commission does not complete the person's term, the vacancy is filled for the unexpired portion of the term in
the same manner as the original appointment.
(b) The presiding officer
of the commission shall be elected on an annual basis by the members of the
commission.
(d) The presiding officer may appoint committees from the
membership of the commission as needed to organize the commission or to
perform the duties of the commission.
(e) The commission may hire a director and other necessary
personnel to perform the duties of the commission.
Sec. 5. ADMINISTRATIVE
ATTACHMENT. (a) The commission exists under the Texas Judicial Council
created under Chapter 71, Government Code. The commission operates
independently of the Texas Judicial Council.
(b) The commission is
administratively attached to the Office of Court Administration of the
Texas Judicial System.
(c) Notwithstanding any
other law, and subject to available funding, the Office of Court
Administration of the Texas Judicial System shall:
(1) provide
administrative assistance and services to the commission, including budget
planning and purchasing;
(2) accept, deposit, and
disburse money made available to the commission;
(3) pay the salaries and
benefits of the director and employees of the commission; and
(4) provide the
commission with adequate computer equipment and support.
Sec. 6. MEETINGS. (a)
The commission may hold its meetings, hearings, and other proceedings at a
time and in a manner determined by the commission, but shall meet in Austin
at least annually.
(b) The commission shall
conduct a public hearing at least annually, the agenda of which must
include a review of the work conducted by the commission in the preceding year. The advisory committee
may participate in a public hearing of the commission.
(c) Five members of the commission constitute a quorum. The
commission may act only on the concurrence of five or more members. The
commission may issue a report under Section 13 only on the concurrence of
six members.
(d) A member of the commission is entitled only to reimbursement
for the member's travel expenses as provided by Section 10 of this article,
Chapter 660, Government Code, and the General Appropriations Act.
Sec. 7. QUALIFICATIONS.
(a) A member of the commission
may not participate in or vote on any
matter before the commission if the matter directly concerns an individual
related to the member within the second degree by affinity or
consanguinity.
(b) 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. 8. GROUNDS FOR
REMOVAL. (a) It is a ground for removal from the commission that a
member:
(1) if applicable, 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. 9. COMMISSION MEMBER
TRAINING. (a) 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 examination
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.
No
equivalent provision.
Sec. 12. DUTIES. (a) The
commission shall thoroughly review and examine all cases in which an
innocent defendant was convicted and exonerated, including convictions
vacated based on a plea to time served, to:
(1) identify the causes
of wrongful convictions and suggest ways to
prevent future wrongful convictions and improve the reliability and
fairness of the criminal justice system;
(2) ascertain errors and
defects in the laws, evidence, and
procedures applied or omitted in the
defendant's case;
(3) identify errors and
defects in the criminal justice system in this state generally, using
research, expert analysis, and demographic data;
(4) consider suggestions to correct the identified
errors and defects through legislation or procedural changes;
(5) identify procedures,
programs, and educational or training opportunities designed to eliminate or minimize the identified causes of wrongful convictions,
including the identified errors and defects
in the criminal justice system that contribute to wrongful convictions; and
(6) collect and evaluate data and information from an actual
innocence exoneration reported to the commission by a state-funded
innocence project, for inclusion in the commission's reports under Section
13.
(b) Subject to available funding and applicable accreditation
procedures, the commission may assist with and suggest training and
continuing education opportunities for persons involved in the
investigation, prosecution, defense, trial, or appeal of matters in the
criminal justice system.
(c) The commission shall
review and examine each case in
which a final ruling was made by the court of criminal appeals on a writ of
habeas corpus granted for actual innocence
on or after January 1, 1994, and each case in which a commutation of
punishment or pardon was granted before January 1, 1994, based on a claim
of actual innocence and shall use relevant data and information to:
(1) identify any apparent breach of professional responsibility
or misconduct by attorneys, judges, or
criminal justice system personnel that is revealed in the course of
any habeas review process existing in the case;
(2) refer any apparent breach of professional responsibility
or misconduct to, as appropriate,
the State Commission on Judicial Conduct, the State Bar of Texas, the Texas Commission on Law Enforcement,
the office of the attorney general, or other appropriate agency or office, for
their review of the apparent breach of
professional responsibility or misconduct;
(3) identify any patterns
in:
(A) apparent breaches of professional responsibility
or misconduct by attorneys, judges, or
criminal justice system personnel; or
(B) errors or defects in
the criminal justice system in this state that impact the pretrial, trial, appellate, or habeas
review process; and
(4) consider and suggest legislative, training, or
procedural changes to correct the patterns, errors, and defects identified through the work of the commission.
(d) The commission shall
consider potential implementation plans, costs, cost savings, and the
impact on the criminal justice system for each potential solution
identified through the work of the
commission.
(e) The commission may, subject to available funding, enter into
contracts for research, analysis,
and professional services as may be necessary or appropriate to facilitate
the work and activities of the commission or to complete the review and
examination of a case in which there has been a commutation of punishment, a pardon, or a final ruling of actual innocence on an application for
a writ of habeas corpus.
(f) In its first biennium of operation the commission shall give
particular attention to reviewing and updating the research, reports, and
recommendations of the Timothy Cole advisory panel established in the 81st
Regular Session and the degree to which the panel's recommendations were
implemented.
(g) Following the initial biennium, in each subsequent biennium
the commission shall:
(1) continue to monitor the progress and implementation of the
recommendations made in the first biennium; and
(2) determine future items for study by identifying not more than
10 prominent criminal justice issues to consider, of which the chief
justice of the Texas Supreme Court and the presiding judge of the court of
criminal appeals biennially shall choose not more than six to be studied by
the commission in the applicable biennium.
(h) The commission may solicit input from innocence projects, bar
associations, judicial entities, law enforcement agencies, prosecutor
associations, public defender or criminal defense associations, and
advocacy organizations.
Sec. 13. REPORTS AND
RECORDS. (a) The commission shall compile and
issue a detailed annual report of its findings and recommendations,
including any proposed legislation or policy changes necessary or
appropriate to implement procedures and programs to prevent the causes and
occurrence of future wrongful convictions, wrongful executions, or errors
or defects in the habeas review process. The commission may also compile
and issue 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) Working papers and
records, including all documentary or other information, collected, received, prepared, or
maintained by the commission or members or staff of the commission in
performing the commission's duties under this article or other law to
conduct an evaluation and prepare a report, are confidential and not
subject to disclosure under Chapter 552, Government Code.
(e) Information held by an entity of state government or of a political subdivision
that is confidential and that the commission receives in connection with
the performance of the commission's functions under this article or other
law remains confidential and is not subject to disclosure under Chapter
552, Government Code.
(d) The commission may request that an entity of state government
or of a political subdivision provide information related to the
commission's duties under Section 12. On the request of the commission, an
entity shall provide information to the commission unless otherwise prohibited
from disclosing that information. The commission may examine the public
records, documents, and files of an entity of state government or a
political subdivision in carrying out the commission's duties.
Sec. 15. SUBMISSION. The
commission shall submit the reports described by Section 13 to the
governor, the lieutenant governor, the speaker of the house of
representatives, the legislature, and the
Texas Judicial Council not later than December 1 of each
even-numbered year, or not later than the 60th day after the date the
report is issued, whichever occurs first.
Sec. 11. GIFTS, GRANTS,
AND DONATIONS. (a) The commission
may request and accept gifts,
grants, and donations from any source to
carry out its functions, except that the commission may not request or
accept gifts from:
(1) a law firm, as defined by Section 72.028, Government Code;
(2) an attorney or the attorney's spouse; or
(3) an employee of the law firm or an attorney or the spouse of
that employee.
(b) 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.
(c) 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. 10. 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 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 11.
Sec. 14. ASSISTANCE OF
STATE AGENCIES; ACCESS TO STATE AGENCIES. (a) Subject to available funding, the commission may request assistance
from the Legislative Budget Board and any
state-supported university 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.
|