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Timothy Cole Bill (HB 498) Passes to Third Reading

Rep. McClendon’s HB 498 came one step closer to becoming law on Thursday evening as it passed to third reading in the Texas House. HB 498 establishes an Innocence Commission, which would investigate and work to prevent wrongful convictions in Texas. The commission, composed of lawyers and academics, would release an annual report detailing its findings, recommendations, and any proposed legislation.

The commission is named the Timothy Cole Innocence Commission in memory of Timothy Cole, who was wrongfully convicted of sexual assault in 1985 while he was a student at Texas Tech University. Though Cole had no criminal history, he was convicted on false eyewitness identification. After serving ten years of a 25-year sentence, he died in prison from medical complications. Rep. McClendon hopes that this commission will protect other innocent men and women.

Texas currently leads the nation in the number of wrongful convictions, but Texas lawmakers are seeking to pass legislation that would correct this failure of the Texas criminal justice system. Representative Anchia's wrongful conviction bill, HB 1736, recently passed through both chambers and is being sent to the Governor’s office.

Texas Impact will continue to keep you up-to-date on HB 498 and other criminal justice bills as the legislative session draws to a close.

Below are helpful links about wrongful conviction:

Press Release on HB 498

Austin-American Statesman Op-Ed: May 2008

The Innocence Project website

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