[2015 Session] Take Measures to Reduce Wrongful Convictions and Expedite Exonerations

Policy Background:

The conviction and incarceration of the innocent ruins lives, destroys public trust in our justice system, harms public safety as guilty culprits remain free, and denies victims justice.

Texas policy-makers should help prevent and/or address wrongful convictions, including through policies that will boost investments in innocence clinics, require law enforcement to record interrogations, create protocols and assign responsibility for reviewing old convictions obtained using “junk science” (faulty or fraudulent data and scientific evidence), and create an Exoneration Review Commission.

Policy-makers should also takes steps to assist exonerated individuals after release from incarceration, as well as their families, through financial payments and health benefits.

Key Facts:

  • According to the National Registry of Exonerations, Texas has exonerated 180 individuals from 1989 to January 2015, coming in second only to New York at 184 exonerations.[1]
  • The 3 Texas counties with the highest number of exonerations are Harris (58), Dallas (52), and Travis (9).[2]
  • The greatest contributors to exonerations are mistaken witness identification, false or misleading forensic evidence, perjury or false accusation, official misconduct, and inadequate legal defense.[3]

Relevant Bills:

  • Bill Number: HB 48 (authors: McClendon, Leach, Herrero, Moody, Simpson | sponsor: Ellis)
    Bill Caption: Relating to the creation of a commission to review convictions after exoneration and to prevent wrongful convictions.
    TCJE Materials: Fact Sheet
    House Hearing Notice: House Criminal Jurisprudence Committee, Notice of Public Hearing on March 18, 2015
    Archived House Hearing Video: House Criminal Jurisprudence Committee, 03/18/15 Video [TCJE testimony begins at 02:03:02]
    TCJE House Action: Card in support
    Senate Hearing Notice: Senate State Affairs Committee, Notice of Public Hearing on May 22, 2015
    Archived Senate Hearing Video: Senate State Affairs Committee, 05/22/15 Video [TCJE testimony begins at 00:18:35]
    Outcome: Effective immediately (6/1/15)
  • Bill Number: HB 541 (Canales)
    Bill Caption: Relating to the electronic recording of certain custodial interrogations.
    Hearing Notice: House Emerging Issues In Texas Law Enforcement, Select Committee, Notice of Public Hearing on April 9, 2015
  • Bill Number: HB 1346 (Alonzo)
    Bill Caption: Relating to the representation of certain indigent applicants for a writ of habeas corpus.
    Hearing Notice: House Criminal Jurisprudence Committee, Notice of Public Hearing on April 15, 2015
    Archived Hearing Video: House Criminal Jurisprudence Committee, 04/15/15 Video [TCJE testimony begins at 02:13:29]
  • Bill Number: HB 2393 (Anchia)
    Bill Caption: Relating to additional compensation for a person wrongfully imprisoned.
  • Bill Number: HB 2435 (Thompson, Senfronia)
    Bill Caption: Relating to postconviction forensic DNA analysis.
  • Bill Number: HB 3156 (Simmons)
    Bill Caption: Relating to annuity payments to surviving spouses and designated beneficiaries of persons wrongfully imprisoned.
  • Bill Number: HB 3580 (Alonzo)
    Bill Caption: Relating to the procedure for an application for a writ of habeas corpus after a plea of guilty or nolo contendere.
    Hearing Notice: House Criminal Jurisprudence Committee, Notice of Public Hearing on April 20, 2015
  • Bill Number: SB 81 (Ellis)
    Bill Caption: Relating to the creation of a commission to examine and prevent wrongful convictions.
  • Bill Number: SB 122 (West)
    Bill Caption: Relating to eligibility for compensation of persons wrongfully imprisoned.
  • Bill Number: SB 181 (Ellis)
    Bill Caption: Relating to the electronic recording and admissibility of certain custodial interrogations.
  • Bill Number: SB 264 (Ellis)
    Bill Caption: Relating to group health benefits coverage for dependents of persons wrongfully imprisoned.
  • Bill Number: SB 662 (author: Rodríguez | sponsor: Alonzo)
    Bill Caption: Relating to the representation of certain indigent applicants for a writ of habeas corpus.
    Hearing Notice: Senate Criminal Justice Committee, Notice of Public Hearing on April 14, 2015
    TCJE Action: Card in support
    Outcome: Effective immediately (6/16/15)
  • Bill Number: SB 889 (Hinojosa, Ellis)
    Bill Caption: Relating to jury instructions regarding eyewitness identification testimony in certain criminal cases.
  • Bill Number: SB 1743 (author: Hinojosa | sponsor: Herrero)
    Bill Caption: Relating to expanding the powers and duties of the office of capital writs and renaming the office of capital writs the office of capital and forensic writs.
    Hearing Notice: Senate Criminal Justice Committee, Notice of Public Hearing on April 28, 2015
    TCJE Action: Card in support
    Outcome: Effective 9/1/15

Relevant Media:

[1] The National Registry of Exonerations; http://www.law.umich.edu/special/exoneration/Pages/browse.aspx?View={B8342AE7-6520-4A32-8A06-4B326208BAF8}&FilterField1=State&FilterValue1=Texas

[2] Ibid.

[3] Ibid.