By Gallego H.B. No. 260
77R2470 GWK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to providing the governor with sole discretion to commute
1-3 punishment in capital cases.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Article 48.01, Code of Criminal Procedure, is
1-6 amended to read as follows:
1-7 Art. 48.01. GOVERNOR MAY PARDON. (a) Except
1-8 as provided by Subsection (b), in [In] all criminal cases, except
1-9 treason and impeachment, the Governor shall have power, after
1-10 conviction, on the written signed recommendation and advice of the
1-11 Board of Pardons and Paroles, or a majority thereof, to grant
1-12 reprieves and commutations of punishments and pardons; and upon the
1-13 written recommendation and advice of a majority of the Board of
1-14 Pardons and Paroles, he shall have the power to remit fines and
1-15 forfeitures. The Governor shall have the power to [grant one
1-16 reprieve in any capital case for a period not to exceed 30 days;
1-17 and he shall have power to] revoke conditional pardons. With the
1-18 advice and consent of the Legislature, the Governor may grant
1-19 reprieves, commutations of punishment and pardons in cases of
1-20 treason.
1-21 (b) In a capital case, the Governor shall have the power to
1-22 grant one reprieve for a period not to exceed 30 days and, if the
1-23 defendant has been sentenced to death, to grant a commutation of
1-24 punishment to life without parole.
2-1 SECTION 2. Section 508.145(a), Government Code, is amended to
2-2 read as follows:
2-3 (a) An inmate under sentence of death or an inmate whose
2-4 sentence of death is commuted to imprisonment for life is not
2-5 eligible for release on parole.
2-6 SECTION 3. This Act takes effect on the date on which the
2-7 constitutional amendment proposed by the 77th Legislature, Regular
2-8 Session, 2001, providing the governor with sole discretion to
2-9 commute punishment in capital cases, takes effect. If that
2-10 amendment is not approved by the voters, this Act has no effect.