| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to a claim of actual innocence by a person convicted of a |
|
|
criminal offense; creating the Texas Innocence Inquiry Commission. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. This Act shall be known as the Texas Innocence |
|
|
Inquiry Commission Act. |
|
|
SECTION 2. Title 1, Code of Criminal Procedure, is amended |
|
|
by adding Chapter 68 to read as follows: |
|
|
CHAPTER 68. ACTUAL INNOCENCE |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Art. 68.001. DEFINITIONS. In this chapter: |
|
|
(1) "Commission" means the Texas Innocence Inquiry |
|
|
Commission created under Chapter 79A, Government Code. |
|
|
(2) "Presiding officer" means the presiding officer of |
|
|
the commission. |
|
|
(3) "Underlying case" means a criminal case that |
|
|
results in a person's conviction and is the basis for a claim of |
|
|
actual innocence under this chapter. |
|
|
(4) "Victim" means a "close relative of a deceased |
|
|
victim," "guardian of a victim," or "victim," as those terms are |
|
|
defined by Article 56A.001. |
|
|
Art. 68.002. RULES AND PROCEDURES. The commission may |
|
|
adopt the rules and procedures reasonably necessary to administer |
|
|
this chapter, but may not adopt a rule or procedure that would |
|
|
exclude from any portion of a commission hearing: |
|
|
(1) the attorney representing the state; or |
|
|
(2) the attorney representing the convicted person. |
|
|
SUBCHAPTER B. COMMISSION CONSIDERATION OF |
|
|
CLAIM OF ACTUAL INNOCENCE |
|
|
Art. 68.051. CLAIM OF ACTUAL INNOCENCE. (a) The commission |
|
|
may: |
|
|
(1) open a formal inquiry into a credible claim of |
|
|
actual innocence of a convicted person on the filing of a claim of |
|
|
actual innocence under this article; or |
|
|
(2) dismiss a claim of actual innocence filed under |
|
|
this article. |
|
|
(b) A claim of actual innocence may be filed with the |
|
|
commission by: |
|
|
(1) a court; |
|
|
(2) a state or local agency; |
|
|
(3) an attorney representing a person convicted of a |
|
|
felony offense; |
|
|
(4) a person convicted of a felony offense; or |
|
|
(5) a commission member. |
|
|
(c) A claim of actual innocence must be supported by new |
|
|
evidence that was not available at trial. |
|
|
(d) The commission may not consider a claim of actual |
|
|
innocence for a convicted person who is: |
|
|
(1) deceased; or |
|
|
(2) a codefendant in the underlying case unless the |
|
|
codefendant: |
|
|
(A) on or before the 60th day following the date |
|
|
the codefendant received notice under Article 68.052(a), files a |
|
|
separate claim of actual innocence with the commission; or |
|
|
(B) after the 60th day following the date the |
|
|
codefendant received notice under Article 68.052(a), shows good |
|
|
cause for the delay in filing a separate claim of actual innocence |
|
|
with the commission and obtains the approval of the presiding |
|
|
officer to file the claim. |
|
|
Art. 68.052. NOTICE OF FORMAL INQUIRY; PROGRESS UPDATES. |
|
|
(a) If the commission opens a formal inquiry into the actual |
|
|
innocence of a convicted person, the commission shall provide |
|
|
notice to: |
|
|
(1) the victim in the underlying case, including: |
|
|
(A) an explanation of the commission's process |
|
|
for considering a claim of actual innocence; and |
|
|
(B) a description of the victim's right to |
|
|
present evidence, information, or concerns to the commission; and |
|
|
(2) each codefendant in the underlying case, including |
|
|
a statement that the codefendant must file a claim of actual |
|
|
innocence with the commission not later than the 60th day after the |
|
|
date of receipt of the notice or the codefendant's claim of actual |
|
|
innocence may be barred. |
|
|
(b) At least once during each 180-day period, the commission |
|
|
shall provide updates on the progress of a formal inquiry into the |
|
|
actual innocence of a convicted person to: |
|
|
(1) the office of the attorney representing the state |
|
|
in the underlying case; and |
|
|
(2) the attorney representing the convicted person. |
|
|
(c) The update must include a summary of the actions taken |
|
|
by the commission since any previous update and the results of any |
|
|
forensic testing conducted as part of the formal inquiry. |
|
|
Art. 68.053. FORMAL INQUIRY; WRITTEN AGREEMENT. (a) To |
|
|
conduct a formal inquiry into the actual innocence of a convicted |
|
|
person, the commission may: |
|
|
(1) hold hearings, take testimony, receive evidence, |
|
|
and administer oaths; |
|
|
(2) issue subpoenas that relate to the purposes of the |
|
|
inquiry; |
|
|
(3) require, by subpoena or otherwise, the attendance |
|
|
and testimony of a witness and the production of any book, record, |
|
|
correspondence, memorandum, paper, document, or item, as the |
|
|
commission determines necessary to carry out its duties; and |
|
|
(4) order forensic testing on any physical evidence |
|
|
produced as part of a formal inquiry, including physical evidence |
|
|
preserved by a state or local agency as described by Article 68.058. |
|
|
(b) At any point during the formal inquiry, the attorney |
|
|
representing the state and the attorney representing the convicted |
|
|
person may submit to the commission a written statement agreeing |
|
|
that evidence of factual innocence of the convicted person is |
|
|
sufficient to merit judicial review. The commission shall refer the |
|
|
matter to the court that convicted the person in the underlying case |
|
|
for an actual innocence court hearing under Subchapter C. The |
|
|
commission shall complete a file in relation to the claim to the |
|
|
extent applicable under Article 68.055(d)(1)(A) and shall release |
|
|
the file to the appropriate entities as otherwise described by that |
|
|
article. |
|
|
Art. 68.054. COMMISSION HEARING; PREHEARING CONFERENCE. |
|
|
(a) On completion of a formal inquiry under Article 68.053, all |
|
|
evidence examined during the formal inquiry must be presented to |
|
|
the commission at a public hearing. |
|
|
(b) Not later than the 30th day before the date of the |
|
|
hearing, the commission shall notify each victim in the underlying |
|
|
case of: |
|
|
(1) the date and time of the hearing; and |
|
|
(2) the victim's right to appear at the hearing. |
|
|
(c) A victim who receives notice under Subsection (b) and |
|
|
plans to attend the hearing shall notify the commission not later |
|
|
than the 10th day before the date of the hearing. |
|
|
(d) Not later than the 10th day before the date of the |
|
|
hearing, the commission shall hold a prehearing conference with: |
|
|
(1) the office of the attorney representing the state |
|
|
in the underlying case; |
|
|
(2) the attorney representing the convicted person; |
|
|
(3) the presiding officer; and |
|
|
(4) any commission members necessary to assist the |
|
|
presiding officer, as designated by the presiding officer. |
|
|
(e) The attorney representing the state shall be provided an |
|
|
opportunity to: |
|
|
(1) inspect at the prehearing conference any evidence |
|
|
that may be presented to the commission at the hearing and that has |
|
|
not been previously presented to a court; and |
|
|
(2) not later than 72 hours before the time the hearing |
|
|
is scheduled to begin, submit to the commission a written statement |
|
|
to be included as part of the hearing record. |
|
|
(f) During the hearing, evidence may be presented and |
|
|
considered regardless of its admissibility at trial. |
|
|
(g) The commission shall make an audiovisual recording of |
|
|
the hearing. |
|
|
Art. 68.055. COMMISSION DETERMINATION AND REFERRAL. (a) |
|
|
At the conclusion of the hearing under Article 68.054, the |
|
|
commission by record vote shall issue a commission determination |
|
|
that further action is merited if at least: |
|
|
(1) five commission members agree sufficient evidence |
|
|
of actual innocence exists to merit further action for a convicted |
|
|
person who was originally convicted after a trial on the merits; or |
|
|
(2) six commission members agree sufficient evidence |
|
|
of actual innocence exists to merit further action for a convicted |
|
|
person who was originally convicted after a plea of guilty or no |
|
|
contest. |
|
|
(b) If the commission issues a commission determination |
|
|
that further action is merited, the commission shall refer the case |
|
|
to: |
|
|
(1) the court that convicted the person in the |
|
|
underlying case for an actual innocence court hearing under |
|
|
Subchapter C; or |
|
|
(2) the Board of Pardons and Paroles, recommending |
|
|
issuance of a pardon to the convicted person in accordance with |
|
|
Chapter 48. |
|
|
(c) The commission shall issue a written statement with |
|
|
findings of fact supporting the commission determination. |
|
|
(d) If the commission refers the case for an actual |
|
|
innocence court hearing under Subchapter C, the commission shall: |
|
|
(1) create a file of: |
|
|
(A) all evidence and material considered by the |
|
|
commission, including evidence, written testimony, records, |
|
|
updates, or other material collected or created by the commission |
|
|
as part of the formal inquiry under Article 68.053 or presented to |
|
|
the commission during the commission hearing under Article 68.054; |
|
|
(B) the written statement with findings of fact |
|
|
supporting the commission determination made at the conclusion of |
|
|
the hearing; and |
|
|
(C) a full transcript of the commission hearing; |
|
|
(2) submit the file to the court that convicted the |
|
|
person in the underlying case; and |
|
|
(3) provide the attorney representing the state and |
|
|
the attorney representing the convicted person with a copy of the |
|
|
file. |
|
|
(e) A commission referral to the Board of Pardons and |
|
|
Paroles recommending issuance of a pardon to the convicted person |
|
|
in accordance with Chapter 48 must: |
|
|
(1) be in writing; |
|
|
(2) be signed by a majority of the commission members; |
|
|
(3) include any recommendations for remittance of |
|
|
fines or forfeitures; and |
|
|
(4) include the reasons for the recommendation. |
|
|
(f) The commission shall notify the victim in the underlying |
|
|
case of the commission determination under this article. |
|
|
Art. 68.056. RIGHT TO COUNSEL. (a) In this article, |
|
|
"indigent" has the meaning assigned by Article 1.051. |
|
|
(b) If the commission opens a formal inquiry into the actual |
|
|
innocence of a convicted person, the convicted person has a right to |
|
|
be represented by counsel and, if the person is indigent, to have an |
|
|
attorney appointed to represent the person in all proceedings under |
|
|
this chapter. |
|
|
(c) If the convicted person is not represented by counsel at |
|
|
the time a formal inquiry into the actual innocence of the convicted |
|
|
person is opened: |
|
|
(1) the commission shall submit for review the matter |
|
|
of the person's indigence to the court that convicted the person in |
|
|
the underlying case; and |
|
|
(2) the court shall determine whether the convicted |
|
|
person is indigent and appoint counsel for a person the court |
|
|
determines is indigent. |
|
|
(d) Compensation of the appointed counsel is provided in the |
|
|
same manner as would be provided for the filing of an application |
|
|
for a writ of habeas corpus with respect to the person's conviction |
|
|
in the underlying case. |
|
|
Art. 68.057. SUBPOENA AUTHORITY. (a) A person authorized |
|
|
to serve process under the Texas Rules of Civil Procedure may serve |
|
|
a subpoena issued under this chapter. The person shall serve the |
|
|
subpoena in accordance with the Texas Rules of Civil Procedure. |
|
|
(b) If a person refuses to obey a subpoena issued under this |
|
|
chapter, the commission may apply to the court that convicted the |
|
|
person in the underlying case for an order requiring compliance |
|
|
with the subpoena. The court shall issue the order if the court |
|
|
finds good cause exists for issuance of the subpoena under this |
|
|
chapter. Failure to obey the court order is punishable by the court |
|
|
as contempt. |
|
|
Art. 68.058. PRESERVATION OF EVIDENCE; FORENSIC TESTING. |
|
|
(a) The commission in investigating a claim of actual innocence may |
|
|
submit a written notice to a state or local agency requiring the |
|
|
agency to preserve any evidence held by the agency in connection to |
|
|
the investigation or conviction in the underlying case. |
|
|
(b) After receiving written notice under Subsection (a), |
|
|
the state or local agency shall preserve all relevant evidence |
|
|
until the commission notifies the agency in writing that the |
|
|
commission no longer requires preservation of the evidence. |
|
|
(c) The state or local agency shall provide the commission |
|
|
with: |
|
|
(1) copies of all documents or papers preserved as |
|
|
required by this article; and |
|
|
(2) access to inspect and examine any physical |
|
|
evidence preserved as required by this article. |
|
|
(d) The results of any forensic DNA analysis performed under |
|
|
this chapter must be compatible with the CODIS DNA database |
|
|
established by the Federal Bureau of Investigation. The commission |
|
|
must make the results available for inclusion in that database. |
|
|
Art. 68.059. REFERRAL AND DISCLOSURE OF EVIDENCE. (a) |
|
|
Evidence of a crime, professional misconduct, or other wrongdoing |
|
|
discovered by the commission during a formal inquiry or commission |
|
|
hearing shall be referred to an appropriate agency or organization. |
|
|
(b) Exculpatory evidence discovered by the commission |
|
|
during a formal inquiry or commission hearing shall be disclosed to |
|
|
the convicted person and the attorney representing the convicted |
|
|
person. |
|
|
Art. 68.060. RIGHT TO ASSERT PRIVILEGE. The commission may |
|
|
require the testimony of any person as part of a formal inquiry or |
|
|
commission hearing under this chapter, including the convicted |
|
|
person. The person being examined or the person's counsel is |
|
|
entitled to refuse to answer a question on the grounds of any |
|
|
constitutional or other privilege, including the privilege against |
|
|
self-incrimination. |
|
|
Art. 68.061. CONFIDENTIALITY. All evidence, written |
|
|
testimony, records, updates, or other material collected or created |
|
|
by the commission as part of a formal inquiry is confidential and is |
|
|
not subject to disclosure under Chapter 552, Government Code. |
|
|
Art. 68.062. REPORT. Not later than November 1 of each |
|
|
year, the commission shall prepare and submit a report of its |
|
|
activities and recommendations, including any legislative or |
|
|
policy changes the commission recommends, to each standing |
|
|
committee of the senate and the house of representatives with |
|
|
primary jurisdiction over criminal justice and to the |
|
|
administrative director of the Office of Court Administration of |
|
|
the Texas Judicial System. The commission shall also publish the |
|
|
report on its Internet website. |
|
|
SUBCHAPTER C. ACTUAL INNOCENCE COURT HEARING |
|
|
Art. 68.101. ACTUAL INNOCENCE COURT HEARING. (a) On |
|
|
receipt from the commission of a referral under Subchapter B, a |
|
|
court shall hold an actual innocence court hearing and make a |
|
|
finding as to whether clear and convincing evidence of the |
|
|
convicted person's actual innocence exists. |
|
|
(b) Except as provided by Subsection (c), the office of the |
|
|
attorney representing the state in the underlying case shall |
|
|
provide representation for the state at the hearing. |
|
|
(c) If the commission concludes there is credible evidence |
|
|
of prosecutorial misconduct in the underlying case, the presiding |
|
|
officer may request that the attorney general appoint a special |
|
|
prosecutor to represent the state at the hearing. On receiving a |
|
|
request under this article, the attorney general shall appoint a |
|
|
qualified attorney who did not prosecute or assist in the |
|
|
prosecution of the underlying case to represent this state at the |
|
|
hearing. |
|
|
(d) Not later than the 30th day before the date of the |
|
|
hearing, the clerk of the court shall provide notice to the victim |
|
|
in the underlying case. |
|
|
(e) The court may require the testimony of any person as |
|
|
part of the hearing, including the convicted person. The person |
|
|
being examined or the person's counsel is entitled to refuse to |
|
|
answer a question on the grounds of any constitutional or other |
|
|
privilege, including the privilege against self-incrimination. |
|
|
(f) Evidence may be presented and considered at the hearing |
|
|
regardless of its admissibility at trial. |
|
|
Art. 68.102. FINDING OF ACTUAL INNOCENCE. If the court |
|
|
finds clear and convincing evidence of the convicted person's |
|
|
actual innocence, the court shall enter an order overturning the |
|
|
person's conviction and dismissing the charges against the person |
|
|
with prejudice. |
|
|
Art. 68.103. APPEAL. An appeal under this chapter is to a |
|
|
court of appeals in the same manner as an appeal of any other |
|
|
criminal matter, except that if the convicted person was convicted |
|
|
in a capital case and was sentenced to death, the appeal is a direct |
|
|
appeal to the court of criminal appeals. |
|
|
Art. 68.104. RECUSAL OF COMMISSION MEMBER. A commission |
|
|
member shall recuse himself or herself from a hearing held under |
|
|
Article 68.101 if the commission member was personally involved in |
|
|
the investigation or prosecution of the underlying case. |
|
|
Art. 68.105. POST-EXONERATION SUPPORT. If a person's |
|
|
conviction is overturned due to a finding of actual innocence under |
|
|
Article 68.102, the commission shall ensure the person has access |
|
|
to: |
|
|
(1) compensation in accordance with Section 103.001, |
|
|
Civil Practice and Remedies Code; |
|
|
(2) job training; and |
|
|
(3) reintegration services, including services |
|
|
provided to wrongfully imprisoned persons under Section 501.101, |
|
|
Government Code. |
|
|
SECTION 3. Subtitle F, Title 2, Government Code, is amended |
|
|
by adding Chapter 79A to read as follows: |
|
|
CHAPTER 79A. TEXAS INNOCENCE INQUIRY COMMISSION |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 79A.001. DEFINITIONS. In this chapter: |
|
|
(1) "Commission" means the Texas Innocence Inquiry |
|
|
Commission. |
|
|
(2) "Office" means the Office of Court Administration |
|
|
of the Texas Judicial System. |
|
|
(3) "Presiding officer" means the presiding officer of |
|
|
the commission. |
|
|
Sec. 79A.002. CREATION. The Texas Innocence Inquiry |
|
|
Commission is created. |
|
|
SUBCHAPTER B. ADMINISTRATIVE PROVISIONS |
|
|
Sec. 79A.051. COMPOSITION; TERMS. (a) The commission is |
|
|
composed of the following eight members: |
|
|
(1) a district court judge; |
|
|
(2) a prosecuting attorney; |
|
|
(3) a criminal defense attorney; |
|
|
(4) a peace officer, as defined by Article 2A.001, |
|
|
Code of Criminal Procedure; |
|
|
(5) a private investigator licensed under Chapter |
|
|
1702, Occupations Code; |
|
|
(6) a victim's rights advocate; and |
|
|
(7) two members of the public. |
|
|
(b) Each member of the commission serves a two-year term |
|
|
expiring on February 1 of each odd-numbered year. |
|
|
(c) The members of the commission shall be appointed, on a |
|
|
rotating basis, by: |
|
|
(1) the governor; |
|
|
(2) the attorney general; |
|
|
(3) the chief justice of the supreme court; |
|
|
(4) the presiding judge of the court of criminal |
|
|
appeals; |
|
|
(5) the chair of the house committee with primary |
|
|
jurisdiction over criminal jurisprudence; and |
|
|
(6) the chair of the senate committee with primary |
|
|
jurisdiction over criminal justice. |
|
|
Sec. 79A.052. PRESIDING OFFICER. The governor shall |
|
|
appoint one member of the commission to serve as the commission's |
|
|
presiding officer. |
|
|
Sec. 79A.053. VACANCY. A vacancy on the commission is |
|
|
filled in the same manner as the original appointment. |
|
|
Sec. 79A.054. MEETINGS; QUORUM. (a) The commission shall |
|
|
meet at the call of the presiding officer. |
|
|
(b) Five members of the commission constitute a quorum for |
|
|
transacting commission business. |
|
|
Sec. 79A.055. COMPENSATION. Subject to the availability of |
|
|
funds, a commission member is entitled only to reimbursement for |
|
|
the member's travel expenses as provided by Chapter 660 and the |
|
|
General Appropriations Act. |
|
|
Sec. 79A.056. GROUNDS FOR REMOVAL. (a) It is a ground for |
|
|
removal from the commission that a member: |
|
|
(1) cannot, because of illness or disability, |
|
|
discharge the member's duties for a substantial period; or |
|
|
(2) is absent from more than half of the called |
|
|
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. 79A.057. ADMINISTRATIVE ATTACHMENT; LIMITATIONS ON |
|
|
OFFICE DUTIES. (a) The commission is administratively attached to |
|
|
the office. |
|
|
(b) The office shall provide administrative support to the |
|
|
commission as necessary to enable the commission to carry out the |
|
|
purposes of this chapter. |
|
|
(c) Only the commission may exercise the duties of the |
|
|
commission under this chapter and Chapter 68, Code of Criminal |
|
|
Procedure. Except as provided by Subsection (b), the office does |
|
|
not have any authority or responsibility over the duties assigned |
|
|
to the commission under this chapter or Chapter 68, Code of Criminal |
|
|
Procedure. |
|
|
SUBCHAPTER C. GENERAL POWERS AND DUTIES OF COMMISSION |
|
|
Sec. 79A.101. RULES. The commission may adopt the rules and |
|
|
procedures necessary to administer this chapter. |
|
|
Sec. 79A.102. DUTIES. In accordance with Chapter 68, Code |
|
|
of Criminal Procedure, the commission shall investigate, |
|
|
determine, and refer credible claims of actual innocence by a |
|
|
person convicted of an offense. The commission shall: |
|
|
(1) establish a screening process and criteria for the |
|
|
review of claims of actual innocence by the commission that only |
|
|
permit claims in which the person has been convicted solely for one |
|
|
or more felony offenses for which the person claims actual |
|
|
innocence; |
|
|
(2) coordinate the investigation of claims of actual |
|
|
innocence accepted for commission review; |
|
|
(3) maintain records of all investigations of claims |
|
|
of actual innocence; |
|
|
(4) prepare a written report outlining commission |
|
|
investigations and each commission recommendation submitted to a |
|
|
court or the Board of Pardons and Paroles; and |
|
|
(5) identify and accept any available federal or state |
|
|
funding for the purposes of this chapter or Chapter 68, Code of |
|
|
Criminal Procedure. |
|
|
Sec. 79A.103. CONSULTANTS. (a) The commission may appoint |
|
|
consultants to assist the commission in its duties. |
|
|
(b) Subject to the approval of the presiding officer and as |
|
|
money permits, a consultant may contract for services necessary to |
|
|
assist the commission in the performance of its duties. |
|
|
Sec. 79A.104. ACCEPTANCE OF GIFTS, GRANTS, AND OTHER FUNDS. |
|
|
The commission may accept gifts, grants, and other funds from any |
|
|
public or private source to pay expenses incurred in performing its |
|
|
duties under this chapter. |
|
|
SECTION 4. Section 103.001(a), Civil Practice and Remedies |
|
|
Code, is amended to read as follows: |
|
|
(a) A person is entitled to compensation if: |
|
|
(1) the person has served in whole or in part a |
|
|
sentence in prison under the laws of this state; and |
|
|
(2) the person: |
|
|
(A) has received a full pardon on the basis of |
|
|
innocence for the crime for which the person was sentenced; |
|
|
(B) has been granted relief in accordance with a |
|
|
writ of habeas corpus that is based on a court finding or |
|
|
determination that the person is actually innocent of the crime for |
|
|
which the person was sentenced; [or] |
|
|
(C) has been granted relief in accordance with a |
|
|
writ of habeas corpus and: |
|
|
(i) the state district court in which the |
|
|
charge against the person was pending has entered an order |
|
|
dismissing the charge; and |
|
|
(ii) the district court's dismissal order |
|
|
is based on a motion to dismiss in which the state's attorney states |
|
|
that no credible evidence exists that inculpates the defendant and, |
|
|
either in the motion or in an affidavit, the state's attorney states |
|
|
that the state's attorney believes that the defendant is actually |
|
|
innocent of the crime for which the person was sentenced; or |
|
|
(D) has been granted relief in accordance with an |
|
|
actual innocence court hearing under Chapter 68, Code of Criminal |
|
|
Procedure. |
|
|
SECTION 5. Section 103.003, Civil Practice and Remedies |
|
|
Code, is amended to read as follows: |
|
|
Sec. 103.003. LIMITATION ON TIME TO FILE. A person seeking |
|
|
compensation under this chapter must file an application with the |
|
|
comptroller for compensation under Subchapter B not later than the |
|
|
third anniversary of the date: |
|
|
(1) the person on whose imprisonment the claim is |
|
|
based received a pardon as provided by Section 103.001(a)(2)(A); |
|
|
(2) the person's application for a writ of habeas |
|
|
corpus was granted as provided by Section 103.001(a)(2)(B); [or] |
|
|
(3) an order of dismissal described by Section |
|
|
103.001(a)(2)(C) was signed; or |
|
|
(4) a finding of actual innocence was entered as |
|
|
provided by Section 103.001(a)(2)(D). |
|
|
SECTION 6. Article 43.141(d), Code of Criminal Procedure, |
|
|
is amended to read as follows: |
|
|
(d) The convicting court may modify or withdraw the order of |
|
|
the court setting a date for execution in a death penalty case if |
|
|
the court determines that additional proceedings are necessary on: |
|
|
(1) a subsequent or untimely application for a writ of |
|
|
habeas corpus filed under Article 11.071; [or] |
|
|
(2) a motion for forensic testing of DNA evidence |
|
|
submitted under Chapter 64; or |
|
|
(3) a recommendation for an actual innocence court |
|
|
hearing from the Texas Innocence Inquiry Commission under Chapter |
|
|
68. |
|
|
SECTION 7. Article 44.01(a), Code of Criminal Procedure, is |
|
|
amended to read as follows: |
|
|
(a) The state is entitled to appeal an order of a court in a |
|
|
criminal case if the order: |
|
|
(1) dismisses an indictment, information, or |
|
|
complaint or any portion of an indictment, information, or |
|
|
complaint; |
|
|
(2) arrests or modifies a judgment; |
|
|
(3) grants a new trial; |
|
|
(4) sustains a claim of former jeopardy; |
|
|
(5) grants a motion to suppress evidence, a |
|
|
confession, or an admission, if jeopardy has not attached in the |
|
|
case and if the prosecuting attorney certifies to the trial court |
|
|
that the appeal is not taken for the purpose of delay and that the |
|
|
evidence, confession, or admission is of substantial importance in |
|
|
the case; or |
|
|
(6) is issued under Chapter 64 or 68. |
|
|
SECTION 8. Section 78.054(b), Government Code, is amended |
|
|
to read as follows: |
|
|
(b) The office may not represent a defendant in a federal |
|
|
habeas review. The office may not represent a defendant in an action |
|
|
or proceeding in state court other than an action or proceeding |
|
|
that: |
|
|
(1) is conducted under Article 11.071, Code of |
|
|
Criminal Procedure; |
|
|
(2) is collateral to the preparation of an application |
|
|
under Article 11.071, Code of Criminal Procedure; |
|
|
(3) concerns any other post-conviction matter in a |
|
|
death penalty case other than a direct appeal, including an action |
|
|
or proceeding under Article 46.05 or Chapter 64 or 68, Code of |
|
|
Criminal Procedure; or |
|
|
(4) is conducted under Article 11.073, Code of |
|
|
Criminal Procedure, or is collateral to the preparation of an |
|
|
application under Article 11.073, Code of Criminal Procedure, if |
|
|
the case was referred in writing to the office by the Texas Forensic |
|
|
Science Commission under Section 4(h), Article 38.01, Code of |
|
|
Criminal Procedure. |
|
|
SECTION 9. Section 501.101(a), Government Code, is amended |
|
|
to read as follows: |
|
|
(a) In this section, "wrongfully imprisoned person" means a |
|
|
person who: |
|
|
(1) has served in whole or in part a sentence in a |
|
|
facility operated by or under contract with the department; and |
|
|
(2) has: |
|
|
(A) received a pardon for innocence for the crime |
|
|
for which the person was sentenced; |
|
|
(B) been granted relief in accordance with a writ |
|
|
of habeas corpus that is based on a court finding or determination |
|
|
that the person is actually innocent of the crime for which the |
|
|
person was sentenced; [or] |
|
|
(C) been granted relief in accordance with a writ |
|
|
of habeas corpus and: |
|
|
(i) the state district court in which the |
|
|
charge against the person was pending has entered an order |
|
|
dismissing the charge; and |
|
|
(ii) the district court's dismissal order |
|
|
is based on a motion to dismiss in which the state's attorney states |
|
|
that no credible evidence exists that inculpates the defendant and, |
|
|
either in the motion or in an affidavit, the state's attorney states |
|
|
that the state's attorney believes that the defendant is actually |
|
|
innocent of the crime for which the person was sentenced; or |
|
|
(D) been granted relief in accordance with an |
|
|
actual innocence court hearing under Chapter 68, Code of Criminal |
|
|
Procedure. |
|
|
SECTION 10. As soon as practicable after the effective date |
|
|
of this Act, the Office of Court Administration of the Texas |
|
|
Judicial System shall provide administrative support to the Texas |
|
|
Innocence Inquiry Commission established by this Act, and the |
|
|
appropriate appointing entities shall appoint members of the |
|
|
commission as required by Section 79A.051, Government Code, as |
|
|
added by this Act, to terms expiring February 1, 2027. |
|
|
SECTION 11. This Act takes effect September 1, 2025. |