78S10043 KEL-D

By:  Ellis                                                        S.B. No. 16 



A BILL TO BE ENTITLED

AN ACT

relating to considerations by the Board of Pardons and Paroles 
regarding clemency matters.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 508.047(b), Government Code, is amended 
to read as follows:
	(b)  Except as provided by Article 48.011, Code of Criminal 
Procedure, and Section 551.124, the [The] members of the board are 
not required to meet as a body to perform the members' duties in 
clemency matters.
	SECTION 2.  Section 551.124, Government Code, is amended to 
read as follows: 
	Sec. 551.124.  BOARD OF PARDONS AND PAROLES.  (a)  At the 
call of the presiding officer of the Board of Pardons and Paroles, 
the board may hold a hearing on clemency matters by telephone 
conference call.
	(b)  The board shall deliberate privately.  At the conclusion 
of deliberations, the presiding officer shall announce publicly 
individual members' decisions as to whether to recommend clemency.  
Each member shall sign the member's name with the member's written 
recommendation and reasons for the recommendation.
	(c)  The board shall adopt rules to implement the 
requirements of this section.
	SECTION 3.  Chapter 48, Code of Criminal Procedure, is 
amended by adding Article 48.011 to read as follows:
	Art. 48.011.  MEETINGS:  CAPITAL CASE.  (a)  In a capital 
case, the members of the Board of Pardons and Paroles shall perform 
the members' duties in clemency matters by meeting as a body and 
holding a hearing open to the public or accessible to the public by 
broadcast.
	(b)  The public hearing shall be conducted at the 
correctional facility where the inmate is housed.  The inmate shall 
be allowed to be present at the hearing, absent overriding security 
issues.
	(c)  The board must cause a record of the hearing to be kept.           
	(d)  The board shall adopt rules as necessary to implement 
the requirements of this article.
	SECTION 4.  (a)  The change in law made by this Act applies 
only to a consideration by the Board of Pardons and Paroles 
regarding a clemency matter in a capital case that occurs on or 
after the effective date of this Act.
	(b)  The Board of Pardons and Paroles Policy Board shall 
adopt the rules required by Article 48.011(d), Code of Criminal 
Procedure, as added by this Act, and Section 551.124, Government 
Code, as amended by this Act, not later than March 1, 2004.
	SECTION 5.  This Act takes effect November 1, 2003.