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78S10045 KCR-D

By:  Ellis                                                        S.B. No. 15 


A BILL TO BE ENTITLED
AN ACT
relating to the authority of the governor to grant one or more reprieves in a capital case. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Article 48.01, Code of Criminal Procedure, is amended to read as follows: Art. 48.01. GOVERNOR MAY PARDON. In all criminal cases, except treason and impeachment, the Governor shall have power, after conviction, on the written signed recommendation and advice of the Board of Pardons and Paroles, or a majority thereof, to grant reprieves and commutations of punishments and pardons; and upon the written recommendation and advice of a majority of the Board of Pardons and Paroles, he shall have the power to remit fines and forfeitures. The Governor shall have the power to grant one or more reprieves [reprieve] in any capital case for a period not to exceed 30 days for each reprieve; and he shall have power to revoke conditional pardons. With the advice and consent of the Legislature, the Governor may grant reprieves, commutations of punishment and pardons in cases of treason. SECTION 2. This Act takes effect January 1, 2005, but only if the constitutional amendment proposed by the 78th Legislature, 1st Called Session, 2003, authorizing the governor to grant one or more reprieves in a capital case is approved by the voters. If that amendment is not approved by the voters, this Act has no effect.