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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 review certain penal |
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laws of this state that do not prescribe a culpable mental state. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. COMMISSION TO STUDY CERTAIN PENAL LAWS. (a) A |
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commission is created to study and review all penal laws of this |
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state that define a criminal offense but do not prescribe a culpable |
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mental state, other than criminal offenses: |
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(1) under the Penal Code; |
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(2) under Chapter 481, Health and Safety Code; or |
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(3) related to the operation of a motor vehicle. |
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(b) The commission shall: |
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(1) evaluate all laws described by Subsection (a) of |
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this section; and |
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(2) for each law evaluated, make recommendations to |
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the legislature regarding the culpable mental state, if any, that |
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best serves the intended purpose of the law. |
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(c) The commission is composed of nine members appointed as |
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follows: |
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(1) two members appointed by the governor; |
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(2) two members appointed by the lieutenant governor; |
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(3) two members appointed by the speaker of the house |
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of representatives; |
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(4) two members appointed by the chief justice of the |
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Supreme Court of Texas; and |
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(5) one member appointed by the presiding judge of the |
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Texas Court of Criminal Appeals. |
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(d) The officials making appointments to the commission |
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under Subsection (c) of this section shall ensure that the |
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membership of the commission includes representatives of all areas |
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of the criminal justice system, including prosecutors, defense |
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attorneys, judges, legal scholars, and relevant business |
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interests. |
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(e) The governor shall designate one member of the |
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commission to serve as the presiding officer of the commission. |
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(f) A member of the commission is not entitled to |
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compensation or reimbursement of expenses. |
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(g) The commission shall meet at the call of the presiding |
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officer. |
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(h) Not later than November 1, 2018, the commission shall |
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report the commission's findings and recommendations to the |
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governor, the lieutenant governor, the speaker of the house of |
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representatives, the Supreme Court of Texas, the Texas Court of |
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Criminal Appeals, and the standing committees of the house of |
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representatives and the senate with primary jurisdiction over |
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criminal justice. The commission shall include in its |
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recommendations any specific statutes that the commission |
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recommends revising. |
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SECTION 2. APPOINTMENT OF MEMBERS. Not later than the 60th |
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day after the effective date of this Act, the governor, the |
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lieutenant governor, the speaker of the house of representatives, |
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the chief justice of the Supreme Court of Texas, and the presiding |
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judge of the Texas Court of Criminal Appeals shall appoint the |
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members of the commission created under this Act. |
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SECTION 3. ABOLITION OF COMMISSION. The commission is |
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abolished and this Act expires December 31, 2018. |
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SECTION 4. EFFECTIVE DATE. This Act takes effect |
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immediately if it receives a vote of two-thirds of all the members |
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elected to each house, as provided by Section 39, Article III, Texas |
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Constitution. If this Act does not receive the vote necessary for |
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immediate effect, this Act takes effect September 1, 2017. |