Amend CSHB 7 by adding the following appropriately numbered
SECTIONS to Article 6 of the bill and renumbering existing SECTIONS
of the article accordingly:
SECTION 6.__. Section 508.047(b), Government Code, is
amended to read as follows:
(b) Except as provided by Article 48.011, Code of Criminal
Procedure, the [The] members of the board are not required to meet
as a body to perform the members' duties in clemency matters.
SECTION 6.__. 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 or by
participating in a telephone conference call as permitted by
Section 551.124, Government Code.
(b) The board shall deliberate privately, but at the
conclusion of deliberations each board member shall announce
publicly the member's individual decision as to whether to
recommend clemency and shall sign the member's name with the
member's written recommendation and reasons for that
recommendation.
(c) The board shall adopt rules as necessary to implement
the requirements of this article.
SECTION 6.__. Section 551.124, Government Code, is amended
to read as follows:
Sec. 551.124. BOARD OF PARDONS AND PAROLES. 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. Other than the deliberations of the board, the proceedings at
the telephone conference call hearing shall be recorded and made
available to the public in the same manner as if the members of the
board had met as a body to hold the hearing.
SECTION 6.__. (a) The changes in law made by Sections
6.___-6.___ of this Act apply 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 article.
(b) The Board of Pardons and Paroles shall adopt the rules
required by Article 48.011(c), Code of Criminal Procedure, as added
by this article, not later than March 1, 2004.