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Senate Bill 223 |
Senate Author: West |
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Effective: Vetoed |
House Sponsor: Thompson |
Senate Bill 223 amends the Code of Criminal Procedure to authorize the governor to pardon a person after the person's successful completion of a term of deferred adjudication community supervision. The bill entitles a person who is arrested and placed on deferred adjudication community supervision for the offense to have all records and files relating to the arrest expunged if the judge subsequently discharges the person and dismisses the proceedings and the person is subsequently pardoned for the offense. Senate Bill 223 takes effect September 1, 2009, contingent on voter approval of the constitutional amendment proposed by Senate Joint Resolution 11.
Reason Given for Veto: "Senate Bill No. 223 would have given a governor the authority to grant a pardon to a person who had received a judgment of deferred adjudication in a criminal case. Before the authority could take effect, however, the voters also would have to pass a constitutional amendment granting that authority to a governor. The joint resolution that would have allowed the people of Texas to grant that authority to a governor did not pass during the 81st Legislative Regular Session, and Senate Bill No. 223 provided that, without the passage of the amendment, Senate Bill No. 223 had no effect.
"Senator Royce West, Representative Senfronia Thompson and others have worked diligently to seek the passage of a good bill.
"Currently, only a person who has been convicted of a crime is eligible for clemency consideration. A person who has received a judgment of deferred adjudication is not a convicted person, leaving a person who received a lesser form of punishment ineligible to receive clemency. That is not right or equitable.
"Because the statutory authority must be re-enacted by a future legislature along with a joint resolution for a constitutional amendment that is approved by the people of Texas, I reluctantly veto Senate Bill No. 223 because it has no effect."