HBA-AMW H.B. 720 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 720 By: Dutton State Affairs 2/28/2001 Introduced BACKGROUND AND PURPOSE Since the United States Supreme Court decision to reinstate the death penalty in 1976, more than 240 prisoners have been executed in Texas, which is more than in any other state. Last year, Texas executed more prisoners than in any previous year. Concerns exist regarding the possible execution of innocent individuals and are evidenced by recent initiatives on issues surrounding capital punishment, including the examination of the indigent defense system, postconviction DNA testing of defendants, and sentencing alternatives. However, Texas does not currently conduct a comprehensive assessment and examination of its capital punishment system. House Bill 720 creates the Texas Capital Punishment Commission to study capital punishment in this state and places a two-year moratorium on all executions in the state. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS House Bill 720 amends the Code of Criminal Procedure to create the Texas Capital Punishment Commission (commission). The bill requires the commission to study capital punishment in this state, concentrating particularly on issues relating to the legal representation of inmates in capital cases, the certainty of the guilt of individuals convicted in capital cases, and the sufficiency of appellate review of convictions in capital cases. After completing the study, the bill requires the commission to propose legislation to correct any inequities in the capital punishment process in this state and to submit the proposed legislation to the lieutenant governor and the speaker of the house of representatives not later than December 1, 2002. The bill also sets forth the composition of the commission, the necessary qualifications of commission members, and when they must be appointed. H.B. 720 also prohibits the state from executing an inmate on or after September 1, 2001, and before September 1, 2003. The bill also provides that the commission is abolished on January 1, 2003, and that these provisions expire on that date. EFFECTIVE DATE September 1, 2001.