39-13-209 - Special committee to study the administration of the death penalty [See the Compiler's Notes for committee expiration provisions]. - Tennessee Statutes

39-13-209. Special committee to study the administration of the death penalty [See the Compiler's Notes for committee expiration provisions].

(a)  In order to ensure a system of justice that is impartial, there is created a special committee to study the administration of Tennessee's death penalty system. The committee shall be known as the committee to study the administration of the death penalty, referred to as the “committee” in this section.

(b)  The committee is charged to study capital punishment in the state and to make recommendations designed to make capital punishment in this state uniform in its application and administration so that the capital process is free from bias and error. To that end, the committee shall, among other things, review nonpartisan, academic, and/or government inquiries into the administration of capital punishment at the state and national levels.

(c)  The committee is charged to study, receive testimony, deliberate upon and make recommendations for public policy designed to provide fairness and accuracy in the application and administration of capital punishment. The committee's findings and recommendations shall address all stages of the capital process and public policy related to the death penalty in areas, including, but not limited to, the following:

     (1)  The provision of enforced guidelines and standards for the identification, recruitment, appointment, training, financing, investigative assistance, attorney resource assistance, forensic expert assistance, and performance of qualified, effective defense counsel in all stages of litigation in capital cases, using as a benchmark the American Bar Association's Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases (2003);

     (2)  The risk of innocent people being executed and the causes that lead to wrongful conviction;

     (3)  Whether the law provides adequate protection for specific vulnerable populations such as the mentally retarded, in accordance with the United States supreme court ruling in Atkins v. Virginia , 536 U.S. 304 (2002), and the mentally ill; whether persons suffering from mental illness constitute a disproportionate number of those on death row and what criteria should be used in judging the level of mental illness involved; and whether or not people with mental illness should be executed; and

     (4)  What services exist in the state for close family members and loved ones of murder victims and capital defendants; whether these services are sufficient; whether additional services are provided in other states; whether additional services should be provided in this state; and whether victims' rights and services are provided on an equal basis to all surviving family members.

(d)  The committee shall consist of sixteen (16) members, as follows:

     (1)  Two (2) members of the senate, including at least one (1) member of the judiciary committee of the senate, appointed by the speaker of the senate;

     (2)  Two (2) members of the house of representatives, including at least one (1) member of the judiciary committee of the house of representatives, appointed by the speaker of the house of representatives;

     (3)  Two (2) persons appointed by the governor; and

     (4)  A representative appointed by:

          (A)  The attorney general;

          (B)  The Tennessee bar association;

          (C)  The Tennessee association of criminal defense lawyers;

          (D)  The district attorneys general conference;

          (E)  The district public defenders conference;

          (F)  The office of the post-conviction defender;

          (G)  The Tennessee Justice Project;

          (H)  The National Alliance on Mental Illness, Tennessee;

          (I)  Murder Victims' Families for Human Rights; and

          (J)  You Have the Power.

(e)  The committee shall be convened by the legislative member with the most years of continuous service in the general assembly and, at its organizational meeting, shall elect from among its legislative membership a chair, vice chair, and such other officers the committee may deem necessary.

(f)  Members of the committee shall serve without compensation. All legislative members of the special joint committee who are duly elected members of the general assembly shall remain members of the committee until the committee reports its findings and recommendations to the general assembly.

(g)  The committee shall report its findings and recommendations to the governor and the general assembly by January 1, 2009, at which time the committee shall cease to exist.

[Acts 2007, ch. 549, §§ 1-7; 2008, ch. 1122, § 1.]