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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 investigate 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. TEXAS INNOCENCE COMMISSION |
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Sec. 1. CREATION. The Texas Innocence Commission is |
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created. |
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Sec. 2. COMPOSITION. (a) The commission is composed of the |
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following nine members: |
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(1) two members appointed by the governor, one of whom |
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must be a dean of a law school and one of whom must be a law |
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enforcement officer; |
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(2) one member appointed by the attorney general, who |
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must be an attorney who represents the state in the prosecution of |
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felonies; |
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(3) one member appointed by the chair of the criminal |
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justice committee of the senate, who may be a member of the |
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legislature; |
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(4) one member appointed by the chair of the criminal |
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jurisprudence committee of the house of representatives, who may be |
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a member of the legislature; |
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(5) one member appointed by the chief justice of the |
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supreme court, who must be a member of the judiciary; |
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(6) two members appointed by the chancellor of The |
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University of Texas System, one of whom must be a law professor and |
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one of whom must work in the forensic science field; and |
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(7) one member appointed by the Texas Criminal Defense |
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Lawyers Association, who must be a criminal defense lawyer. |
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(b) Each member serves a two-year term. |
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(c) The governor shall designate a member to serve as |
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presiding officer. |
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Sec. 3. DUTIES. (a) The commission shall investigate |
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thoroughly all post-conviction exonerations, including convictions |
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vacated based on a plea to time served, to: |
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(1) ascertain errors and defects in the criminal |
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procedure used to prosecute the defendant's case at issue; |
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(2) identify errors and defects in the criminal |
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justice process in this state generally; |
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(3) develop solutions and methods to correct the |
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identified errors and defects; and |
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(4) identify procedures and programs to prevent future |
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wrongful convictions. |
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(b) The commission may enter into contracts for research |
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services as considered necessary to complete the investigation of a |
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particular case, including forensic testing and autopsies. |
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(c) The commission may administer oaths and issue |
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subpoenas, signed by the presiding officer, to compel the |
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production of documents and the attendance of witnesses as |
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considered necessary to conduct a thorough investigation. A |
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subpoena of the commission shall be served by a peace officer in the |
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manner in which district court subpoenas are served. On |
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application of the commission, a district court of Travis County |
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shall compel compliance with the subpoena in the same manner as for |
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district court subpoenas. |
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Sec. 4. 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 findings and recommendations contained in the |
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report are admissible in a subsequent civil or criminal proceeding |
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only if the presiding judge determines that the issue the party |
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seeks to establish by offering the findings and recommendations is |
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not sufficiently corroborated by other admissible evidence in the |
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proceeding. |
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Sec. 5. SUBMISSION. The commission shall submit the report |
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described by Section 4 to the governor, the lieutenant governor, |
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and the speaker of the house of representatives not later than |
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December 1 of each even-numbered year. |
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Sec. 6. RESPONSE. Not later than the 60th day after the |
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date of receipt of the report required by this article, the |
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governor, lieutenant governor, and speaker of the house of |
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representatives shall, singly or jointly, issue a formal written |
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response to the findings and recommendations of the commission. |
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Sec. 7. REIMBURSEMENT. A member of the commission is not |
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entitled to compensation but is entitled to reimbursement for the |
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member's travel expenses as provided by Chapter 660, Government |
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Code, and the General Appropriations Act. |
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Sec. 8. ASSISTANCE. The Texas Legislative Council, the |
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Legislative Budget Board, and The University of Texas at Austin |
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shall assist the commission in performing the commission's duties. |
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Sec. 9. OTHER LAW. The commission is not subject to Chapter |
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2110, Government Code. |
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SECTION 2. The appointments to the Texas Innocence |
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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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November 1, 2009. |
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SECTION 3. This Act takes effect September 1, 2009. |