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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 examine and prevent |
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wrongful convictions. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 43, Code of Criminal Procedure, is |
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amended by adding Article 43.27 to read as follows: |
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Art. 43.27. TIMOTHY COLE EXONERATION REVIEW COMMISSION |
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Sec. 1. CREATION. The Timothy Cole Exoneration Review |
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Commission is created. |
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Sec. 2. COMPOSITION. (a) The commission is composed of the |
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following 15 members: |
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(1) one employee of the office of the governor who has |
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significant criminal justice legal experience, appointed by the |
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governor; |
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(2) one person who works in law enforcement, appointed |
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by the governor; |
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(3) the presiding judge of the court of criminal |
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appeals, or another judge of the court of criminal appeals |
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appointed by the presiding judge; |
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(4) the chief justice of the Texas Supreme Court, or an |
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employee of the Texas Supreme Court who has significant legal |
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experience, appointed by the chief justice; |
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(5) a district court judge, appointed by the presiding |
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judge of the court of criminal appeals; |
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(6) a person with significant knowledge and experience |
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in the issue areas under consideration by the commission, appointed |
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by the chief justice of the Texas Supreme Court; |
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(7) the president of the Texas Criminal Defense |
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Lawyers Association, or the president's designee; |
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(8) the head of a public defender office in Texas, |
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appointed by the executive director of the Texas Criminal Defense |
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Lawyers Association; |
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(9) the president of the Texas District and County |
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Attorneys Association, or a district attorney appointed by the |
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president; |
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(10) the chairman of the board of the Texas District |
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and County Attorneys Association, or the chairman's designee; |
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(11) the presiding officer of the Texas Forensic |
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Science Commission, or a member or employee of the Texas Forensic |
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Science Commission who has significant experience in the field of |
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forensic science, appointed by the presiding officer; |
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(12) the chair of the Senate Committee on Criminal |
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Justice; |
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(13) the chair of the House Committee on Criminal |
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Jurisprudence; |
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(14) the president of the Texas Center for Actual |
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Innocence at The University of Texas School of Law, the director of |
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the Texas Innocence Network at the University of Houston Law |
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Center, or the executive director of the Innocence Project of |
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Texas, each serving on a rotating basis; and |
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(15) the president of the State Bar of Texas, or the |
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president's designee. |
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(b) Each member serves a two-year term, unless the member |
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ceases to hold an office or position that qualified the person for |
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the appointment, and may serve multiple consecutive terms. |
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(c) A vacancy on the commission is filled for the unexpired |
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portion of the term in the same manner as the original appointment. |
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(d) The governor shall designate a member to serve as the |
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presiding officer. |
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(e) The commission exists under the Texas Judicial Council |
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created under Chapter 71, Government Code. The commission operates |
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independently of the Texas Judicial Council. |
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(f) The presiding officer may appoint committees from the |
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membership of the commission as needed to organize the commission |
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or to perform the duties of the commission. |
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(g) The commission may hire a director and other necessary |
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personnel to perform the duties of the commission. |
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Sec. 3. MEETINGS. (a) The commission may hold its meetings |
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in a time or manner determined by the commission, but shall meet in |
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Austin at least annually. |
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(b) The commission shall conduct a public hearing at least |
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annually, the agenda of which must include a review of the work |
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conducted by the commission in the preceding year. |
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(c) Eight members of the commission constitute a quorum. |
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The commission may act only on the concurrence of seven members or a |
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majority of the members present, whichever number is greater. The |
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commission may issue a report under Section 6 only on the |
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concurrence of nine members. |
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Sec. 4. SUNSET PROVISION. The commission is subject to |
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Chapter 325, Government Code (Texas Sunset Act). Unless continued |
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in existence as provided by that chapter, the commission is |
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abolished and this article expires September 1, 2023. |
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Sec. 5. DUTIES. (a) The commission shall review and |
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examine thoroughly postconviction exonerations occurring on or |
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after September 1, 2015, that are based on: |
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(1) an explicit finding of actual innocence by the |
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court of criminal appeals; or |
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(2) a pardon issued by the governor on the basis of |
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actual innocence. |
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(b) In performing its duties under this section, the |
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commission shall: |
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(1) identify areas needing improvement in statutes, |
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rules, or procedures applicable to an exoneration reviewed by the |
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commission; |
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(2) identify areas needing improvement in the criminal |
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justice system in this state generally; |
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(3) in the areas identified in Subdivisions (1) and |
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(2), develop solutions and methods to improve the reliability and |
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fairness of the criminal justice system, including through |
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statutory, rule, or procedural changes; and |
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(4) identify procedures and programs to prevent future |
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wrongful convictions and to improve the reliability and fairness of |
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the criminal justice system. |
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(c) The commission shall consider potential implementation |
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plans, costs, cost savings, and the impact on the criminal justice |
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system for each potential solution identified in the course of its |
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review. |
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(d) In its first biennium of operation the commission shall |
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give particular attention to: |
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(1) reviewing and updating the research, reports, and |
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recommendations of the Timothy Cole advisory panel established in |
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the 81st Regular Session and the degree to which the panel's |
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recommendations were implemented; |
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(2) making recommendations related to improving the |
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process for and review of postconviction writs of habeas corpus; |
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(3) reviewing and making recommendations regarding |
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the use of forensic science in the criminal justice system, with an |
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emphasis on the standards used in criminal proceedings, and |
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recommending improvements in those standards to improve the |
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reliability and fairness of the criminal justice system; |
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(4) making recommendations as to how best to require |
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and implement the electronic recording of witness statements to |
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ensure their reliability and accuracy; and |
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(5) reviewing and making recommendations regarding |
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the effects of the quality of legal representation in relation to |
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the likelihood of conviction, with an emphasis on indigent defense. |
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(e) Following the initial biennium, in each subsequent |
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biennium the commission shall: |
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(1) continue to monitor the progress and |
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implementation of the recommendations made in the first biennium; |
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and |
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(2) determine its agenda by identifying not more than |
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10 prominent criminal justice issues to consider studying, of which |
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the chief justice of the Texas Supreme Court and the presiding judge |
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of the court of criminal appeals biennially shall choose not more |
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than six to be studied by the commission in the applicable biennium. |
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(f) The commission additionally shall consider submitting |
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an annual report to the Texas Indigent Defense Commission in the |
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manner required of legal clinics and programs under Section 79.039, |
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Government Code. |
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(g) The commission may request that an entity of state |
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government or of a political subdivision provide information |
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related to the commission's duties under this section. On the |
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request of the commission, an entity may provide information to the |
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commission unless otherwise prohibited from disclosing that |
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information. |
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Sec. 6. REPORT. (a) The commission shall compile a |
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detailed annual report of its findings and recommendations, |
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including any proposed legislation to implement procedures and |
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programs to prevent future wrongful convictions. |
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(b) The report shall be made available to the public on |
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request. |
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(c) The commission shall submit the report to the governor, |
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the lieutenant governor, and the speaker of the house of |
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representatives not later than December 1 of each year. |
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Sec. 7. COMPENSATION. A member of the commission is not |
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entitled to compensation for serving on the commission but may |
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receive reimbursement for necessary expenses incurred in the course |
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of performing the duties of the commission if the expense is |
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approved by the executive director of the Texas Judicial Council. |
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Sec. 8. ADMINISTRATIVE ATTACHMENT. (a) The commission is |
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administratively attached to the Office of Court Administration of |
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the Texas Judicial System. |
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(b) Notwithstanding any other law, the Office of Court |
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Administration of the Texas Judicial System shall: |
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(1) provide administrative assistance and services to |
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the commission, including budget planning and purchasing; |
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(2) accept, deposit, and disburse money made available |
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to the commission; |
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(3) pay the salaries and benefits of the director and |
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employees of the commission; and |
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(4) provide the commission with adequate computer |
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equipment and support. |
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Sec. 9. GIFTS, GRANTS, AND DONATIONS. The commission may |
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request and accept gifts, grants, and donations from any source to |
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carry out its functions, except that the commission may not request |
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or accept gifts from: |
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(1) a law firm, as defined by Section 72.028, |
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Government Code; |
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(2) an attorney or the attorney's spouse; or |
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(3) an employee of the law firm or an attorney or the |
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spouse of that employee. |
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SECTION 2. The appointments to the Timothy Cole Exoneration |
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Review Commission as required by Article 43.27, Code of Criminal |
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Procedure, as added by this Act, shall be made not later than |
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October 31, 2015. |
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SECTION 3. Notwithstanding Section 6(c), Article 43.27, |
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Code of Criminal Procedure, as added by this Act, the Timothy Cole |
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Exoneration Review Commission, as created by this Act, shall submit |
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the first report required by Section 6 not later than December 1, |
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2016. |
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SECTION 4. This Act takes effect September 1, 2015. |