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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of the conviction integrity unit within |
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the office of the attorney general. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 402, Government Code, is |
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amended by adding Section 402.0232 to read as follows: |
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Sec. 402.0232. CONVICTION INTEGRITY UNIT. (a) A |
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conviction integrity unit is created within the office of the |
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attorney general to review and make recommendations regarding |
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criminal convictions made in district and county courts of this |
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state. |
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(b) The unit shall: |
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(1) accept requests submitted by any person for the |
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review of a criminal conviction made in a district or county court |
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of this state; |
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(2) develop criteria for determining which |
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convictions the unit will review; |
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(3) review convictions to determine the existence and |
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nature of errors made during the prosecution of the case and to |
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ensure that the interest of justice has been served; |
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(4) refer persons to a criminal defense attorney or an |
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organization that may be able to provide representation to the |
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convicted person in a postconviction proceeding; |
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(5) make recommendations to the district attorney, |
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criminal district attorney, or county attorney that prosecuted each |
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case regarding the appropriate postconviction motions, writs, and |
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other proceedings that the unit believes are necessary to ensure |
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that the interest of justice is served; |
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(6) if requested by the district attorney, criminal |
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district attorney, or county attorney that prosecuted the case, |
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provide assistance in completing the recommended motions, writs, or |
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other proceedings; and |
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(7) analyze and examine each case in which a final |
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ruling is made by the court of criminal appeals on a writ of habeas |
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corpus granted for actual innocence and each case in which a |
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commutation of punishment or pardon is based on a claim of actual |
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innocence to determine systemic issues within the criminal justice |
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system. |
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(c) The attorney general shall: |
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(1) develop a form which a person may use to request |
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the review of a criminal conviction made in a district or county |
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court of this state; and |
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(2) make the form described by Subdivision (1) |
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available on the attorney general's Internet website. |
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(d) The criteria developed under Subsection (b)(2) must |
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prioritize: |
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(1) convictions in which the death penalty has been |
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imposed; and |
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(2) convictions for which the convicted person is |
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required to register for life as a sex offender under Chapter 62, |
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Code of Criminal Procedure. |
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SECTION 2. This Act takes effect September 1, 2023. |