By Nelson S.J.R. No. 21
74R320 GWK-D
A JOINT RESOLUTION
1-1 proposing a constitutional amendment relating to prohibiting
1-2 persons convicted of offenses committed on or after January 1,
1-3 1996, from being released from the institutional division of the
1-4 Texas Department of Criminal Justice on parole or to mandatory
1-5 supervision.
1-6 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. Article IV, Section 11, of the Texas Constitution
1-8 is amended to read as follows:
1-9 Sec. 11. (a) The Legislature may not authorize the release
1-10 from the institutional division of the Texas Department of Criminal
1-11 Justice on parole or to mandatory supervision of a person convicted
1-12 of an offense committed on or after January 1, 1996 <shall by law
1-13 establish a Board of Pardons and Paroles and shall require it to
1-14 keep record of its actions and the reasons for its actions>. The
1-15 Legislature shall have authority to enact <parole laws and> laws
1-16 that require or permit courts to inform juries about the effect of
1-17 good conduct time and eligibility for parole or mandatory
1-18 supervision on the period of incarceration served by a defendant
1-19 convicted of a criminal offense committed before January 1, 1996.
1-20 (b) In all criminal cases, except treason and impeachment,
1-21 the Governor shall have power, after conviction, <on the written
1-22 signed recommendation and advice of the Board of Pardons and
1-23 Paroles, or a majority thereof,> to grant reprieves and
1-24 commutations of punishment and pardons; and under such rules as the
2-1 Legislature may prescribe, <and upon the written recommendation and
2-2 advice of a majority of the Board of Pardons and Paroles,> he shall
2-3 have the power to remit fines and forfeitures. The Governor shall
2-4 have the power to grant one reprieve in any capital case for a
2-5 period not to exceed thirty (30) days; and he shall have power to
2-6 revoke conditional pardons. With the advice and consent of the
2-7 Legislature, he may grant reprieves, commutations of punishment and
2-8 pardons in cases of treason.
2-9 SECTION 2. This proposed constitutional amendment shall be
2-10 submitted to the voters at an election to be held November 7, 1995.
2-11 The ballot shall be printed to provide for voting for or against
2-12 the proposition: "The constitutional amendment prohibiting persons
2-13 convicted of offenses committed on or after January 1, 1996, from
2-14 being released from the institutional division of the Texas
2-15 Department of Criminal Justice on parole or to mandatory
2-16 supervision."