The Texas Innocence Inquiry Commission Act establishes a new framework for addressing claims of actual innocence for individuals convicted of crimes in Texas by introducing Chapter 68 to the Code of Criminal Procedure. This chapter outlines the definitions, rules, and procedures for the Texas Innocence Inquiry Commission, which is empowered to investigate credible claims of actual innocence, dismiss claims, and conduct hearings where evidence can be presented, regardless of its admissibility at trial. The commission is required to notify victims and co-defendants about the inquiry process and provide updates on investigations. It also mandates that claims of actual innocence must be supported by new evidence not available at the time of trial and ensures that convicted individuals have the right to legal representation, including the appointment of counsel for indigent defendants.
The bill further details the commission's authority to issue subpoenas, require evidence preservation, and disclose exculpatory evidence to convicted individuals and their attorneys. It establishes procedures for actual innocence court hearings, allowing courts to evaluate claims based on clear and convincing evidence and appoint special prosecutors in cases of prosecutorial misconduct. Additionally, the bill amends existing laws related to compensation for wrongfully imprisoned individuals, expanding eligibility criteria to include those granted relief through an actual innocence court hearing. The act is set to take effect on September 1, 2025, and includes provisions for the commission to prepare annual reports and provide support services to individuals whose convictions are overturned.
Statutes affected: Introduced: Subtitle F, Title , Government Code 501.101, Civil Practice and Remedies Code 103.001, Civil Practice and Remedies Code 103.003, Government Code 78.054, Government Code 501.101 (Government Code 501, Civil Practice and Remedies Code 103, Subtitle F, Title , Government Code 501, Government Code 78)