Public Policy Center | [Fair Defense & Innocence ]

Rebuild Confidence in the Criminal Justice System & Ensure Innocent Individuals Are Not Sent to Prison

Highlights from Texas ’ 81st Legislature

This session, policy-makers eliminated various obstacles to truth and justice in Texas’ criminal justice system, especially for individuals with limited resources. We must commend the efforts of the Innocence Project of Texas and The Justice Project for their outstanding dedication to preventing wrongful convictions and for spearheading this effort, as well as the work of the Task Force on Indigent Defense, the Texas Fair Defense Project, the Texas Defender Service, and others.

We would also like to acknowledge how disheartening it must have been for advocates of great pieces of innocence legislation, as well as those directly impacted, to see many key bills die – especially in light of much needed attention brought to the issue by Timothy Cole’s recent posthumous exoneration. We are confident that next session, these critical efforts will continue.

HB 498 (McClendon, Thompson, Gallego, Hodge, Pierson); Examines whether a state innocence commission should be created in efforts to prevent wrongful convictions. – Signed by the Governor!
HB 1736 (Anchia, Y. Davis, Branch, Hodge, Isett); Increases compensation, provides state-level, lifelong insurance, and pays for up to 120 hours of tuition for wrongfully incarcerated individuals. – Signed by the Governor!
HB 2058 (Gallego, Miklos, Hodge, Lucio III, Christian); Increases attorney qualification standards for those appointed as lead appellate counsel representing indigent defendants in capital cases. – Signed by the Governor!
SB 1091 (Ellis, Duncan); Creates an Office of Capital Writs and a Capital Writs Committee that would address the needs of indigent defendants with a capital case requiring help with a writ. – Signed by the Governor!
SB 1681 (Hinojosa); Protects defendants by requiring the corroboration of in-custody testimony to support a criminal conviction. – Filed without the Governor’s signature.

Work Ahead

We are interested in conducting further research on how the state supports the establishment and maintenance of public defender offices, and how such offices can continue to be funded beyond allotments provided per current state funding mechanisms.

NOTE: Texas’ per capita spending on indigent defense is $43-44, meaning indigent defense is grossly under-funded. The state has a significant interest in ensuring that counties have the funds to remain open and serve populations in need, as well as have the necessary funds to provide a constitutional level of representation to defendants.

We would also like to identify strategies that may assist the Task Force on Indigent Defense in obtaining all resources necessary to continue its important role in the provision of indigent defense services in Texas, as well as other responsibilities placed upon the Task Force by law.