SRC-TAG S.B. 1179 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 1179
By: West, Royce
Criminal Justice
4/14/2003
As Filed


DIGEST AND PURPOSE 

Currently, a convicted offender of a violent crime is eligible to receive
a gubernatorial pardon. However, the governor has no power to pardon an
individual convicted of a lesser offense, for which the court has rendered
a deferred adjudication disposition.  As proposed, S.B. 1179 authorizes
the governor to grant a  pardon to a person who has received deferred
adjudication.  

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Article 48.01, Code of Criminal Procedure, to require
the governor, in all criminal cases, except treason and impeachment, to
have power, after conviction or order of deferred adjudication, on written
signed recommendation and advice of the Board of Pardons and Paroles
(board), 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, to remit fines and forfeitures.    

SECTION 2.  Effective date: September 1, 2003.