HB5254 - Relating to a claim of actual innocence by a person convicted of a criminal offense; creating the Texas Innocence Inquiry Commission.

  89R16142 MZM-F     By: Raymond H.B. No. 5254       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 u [Text truncated for display. 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