Government

Governor’s Advisory Council Recommends Changes to Criminal Justice System

Proposals Include More DNA Testing, More Forensics Labs, Greater Monitoring of Sex Offenders

February 7, 2006

AUSTIN – Gov. Rick Perry’s Criminal Justice Advisory Council has recommended several changes to improve fairness and public confidence in the criminal justice system, including giving judges more discretion to order post-conviction DNA testing.

“My purpose in creating the council was to examine how Texas can improve its criminal justice system, so that we might better protect the rights of both victims and the accused,” Perry said. “These recommendations provide a framework that will give Texans greater confidence in a justice system designed to protect all.”

The council’s recommendations are focused in four general areas: forensics, innocence projects, sex offender policies and technology assistance. Included in its recommendations are proposals to:

• Change state law to give judges more discretion in ordering post-conviction DNA tests. The council found that many state district judges have been reluctant to order more DNA testing without the specific statuary authority to do so.

• Change state law to give judges the authority to order DNA testing when the defense will pay for the testing.

• Allow the state to pay for DNA testing at privately contracted labs to alleviate the growing backlog of DNA cases that await testing by the Department of Public Safety (DPS).

• Secure additional funding for DPS to hire more forensic scientists, expand laboratories and purchase additional equipment.

• Seek grant funding from the Governor’s Criminal Justice Division to assist innocence projects at the state’s four public law schools.

• Approve and fund global positioning satellite surveillance of registered sex offenders for at least three years, and for life in some cases. The estimated cost is $756,000 for the first year.

• Expand funding for the Office of the Attorney General’s sex offender enforcement unit, at a cost of about $5 million for the first year and $4.5 million for the second year.

• Encourage local law enforcement agencies to use in-car audio-video record of all law enforcement contact with citizens at traffic stops and, if possible, fund local jurisdictions which may have insufficient resources for audio-video equipment.

• Direct the Texas Commission on Law Enforcement Officer Standards and Education to regularly review and address search and seizure laws, and to provide continuing education on search and seizure laws.

In addition, the Council recommended further study in four areas:

1. Providing state funding for a public defenders office to ensure high quality representation of those charged with capital murder, especially in rural areas with limited availability of criminal defense lawyers experienced in capital murder cases.

2. Increasing the compensation of individuals who are wrongfully convicted. Current law limits the compensation to $25,000 and is capped at $500,000.

3. Creating a pilot project to examine problems in eyewitness identification.

4. Surveying current procedures in getting confessions. Videotaping the interrogation and confession of suspects in major crimes can eliminate irregularities in procedures.

A complete copy of the council’s report is available at
http://www.governor.state.tx.us/divisions/general_counsel/files/CJAC_0106.doc.