Amend CSSB 1678 by adding the following appropriately
numbered SECTIONS to the bill and renumbering existing SECTIONS of
the bill accordingly:
SECTION ____. 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 ____. 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) Regardless of whether the members of the board meet in
person or participate in a telephone conference call, the attorney
or other person representing the inmate and any person representing
the family of the victim may appear in person or be present on the
telephone conference call, as applicable, to make a presentation on
the clemency matter. Except with respect to individual members of
the board, the board may limit the number of persons who may make a
presentation and may prohibit any person from being heard.
(c) 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.
(d) The Board of Pardons and Paroles Policy Board shall
adopt rules as necessary to implement the requirements of this
article.
SECTION ____. 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 ____. (a) The changes in law made by Sections
___-___ 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 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, not later than October 1, 2003.