84R612 ADM-D

By: Ellis S.B. No. 81

A BILL TO BE ENTITLED

AN ACT

relating to the creation of a commission to examine and 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. (a) The commission is composed of the following 15 members:

(1) one employee of the office of the governor who has significant criminal justice legal experience, appointed by the governor;

(2) one person who works in law enforcement, appointed by the governor;

(3) the presiding judge of the court of criminal appeals, or another judge of the court of criminal appeals appointed by the presiding judge;

(4) the chief justice of the Texas Supreme Court, or an employee of the Texas Supreme Court who has significant legal experience, appointed by the chief justice;

(5) a district court judge, appointed by the presiding judge of the court of criminal appeals;

(6) a person with significant knowledge and experience in the issue areas under consideration by the commission, appointed by the chief justice of the Texas Supreme Court;

(7) the president of the Texas Criminal Defense Lawyers Association, or the president's designee;

(8) the head of a public defender office in Texas, appointed by the executive director of the Texas Criminal Defense Lawyers Association;

(9) the president of the Texas District and County Attorneys Association, or a district attorney appointed by the president;

(10) the chairman of the board of the Texas District and County Attorneys Association, or the chairman's designee;

(11) 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;

(12) the chair of the Senate Committee on Criminal Justice;

(13) the chair of the House Committee on Criminal Jurisprudence;

(14) the president 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, or the executive director of the Innocence Project of Texas, each serving on a rotating basis; and

(15) the president of the State Bar of Texas, or the president's designee.

(b) Each member serves a two-year term, unless the member ceases to hold an office or position that qualified the person for the appointment, and may serve multiple consecutive terms.

(c) A vacancy on the commission is filled for the unexpired portion of the term in the same manner as the original appointment.

(d) The governor shall designate a member to serve as the presiding officer.

(e) The commission exists under the Texas Judicial Council created under Chapter 71, Government Code. The commission operates independently of the Texas Judicial Council.

(f) 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.

(g) The commission may hire a director and other necessary personnel to perform the duties of the commission.

Sec. 3. MEETINGS. (a) The commission may hold its meetings in a time or 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.

(c) Eight members of the commission constitute a quorum. The commission may act only on the concurrence of seven members or a majority of the members present, whichever number is greater. The commission may issue a report under Section 6 only on the concurrence of nine members.

Sec. 4. SUNSET PROVISION. The commission is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the commission is abolished and this article expires September 1, 2023.

Sec. 5. DUTIES. (a) The commission shall review and examine thoroughly postconviction exonerations occurring on or after September 1, 2015, that are based on:

(1) an explicit finding of actual innocence by the court of criminal appeals; or

(2) a pardon issued by the governor on the basis of actual innocence.

(b) In performing its duties under this section, the commission shall:

(1) identify areas needing improvement in statutes, rules, or procedures applicable to an exoneration reviewed by the commission;

(2) identify areas needing improvement in the criminal justice system in this state generally;

(3) in the areas identified in Subdivisions (1) and (2), develop solutions and methods to improve the reliability and fairness of the criminal justice system, including through statutory, rule, or procedural changes; and

(4) identify procedures and programs to prevent future wrongful convictions and to improve the reliability and fairness of the criminal justice system.

(c) The commission shall consider potential implementation plans, costs, cost savings, and the impact on the criminal justice system for each potential solution identified in the course of its review.

(d) In its first biennium of operation the commission shall give particular attention to:

(1) 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;

(2) making recommendations related to improving the process for and review of postconviction writs of habeas corpus;

(3) reviewing and making recommendations regarding the use of forensic science in the criminal justice system, with an emphasis on the standards used in criminal proceedings, and recommending improvements in those standards to improve the reliability and fairness of the criminal justice system;

(4) making recommendations as to how best to require and implement the electronic recording of witness statements to ensure their reliability and accuracy; and

(5) reviewing and making recommendations regarding the effects of the quality of legal representation in relation to the likelihood of conviction, with an emphasis on indigent defense.

(e) 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 its agenda by identifying not more than 10 prominent criminal justice issues to consider studying, 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.

(f) The commission additionally shall consider submitting an annual report to the Texas Indigent Defense Commission in the manner required of legal clinics and programs under Section 79.039, Government Code.

(g) The commission may request that an entity of state government or of a political subdivision provide information related to the commission's duties under this section. On the request of the commission, an entity may provide information to the commission unless otherwise prohibited from disclosing that information.

Sec. 6. REPORT. (a) The commission shall compile a detailed annual report of its findings and recommendations, including any proposed legislation to implement procedures and programs to prevent future wrongful convictions.

(b) The report shall be made available to the public on request.

(c) The commission shall submit the report to the governor, the lieutenant governor, and the speaker of the house of representatives not later than December 1 of each year.

Sec. 7. COMPENSATION. A member of the commission is not entitled to compensation for serving on the commission but may receive reimbursement for necessary expenses incurred in the course of performing the duties of the commission if the expense is approved by the executive director of the Texas Judicial Council.

Sec. 8. ADMINISTRATIVE ATTACHMENT. (a) The commission is administratively attached to the Office of Court Administration of the Texas Judicial System.

(b) Notwithstanding any other law, 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. 9. GIFTS, GRANTS, AND DONATIONS. 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.

SECTION 2. The appointments to the Timothy Cole Exoneration Review Commission as required by Article 43.27, Code of Criminal Procedure, as added by this Act, shall be made not later than October 31, 2015.

SECTION 3. Notwithstanding Section 6(c), Article 43.27, Code of Criminal Procedure, as added by this Act, the Timothy Cole Exoneration Review Commission, as created by this Act, shall submit the first report required by Section 6 not later than December 1, 2016.

SECTION 4. This Act takes effect September 1, 2015.