S.J.R. 3 78(R)    BILL ANALYSIS


S.J.R. 3
By: West
Criminal Jurisprudence
Committee Report (Amended)



BACKGROUND AND PURPOSE 

In Texas, theoretically, an offender can be found guilty and convicted of
the crime of murder, the crime of aggravated assault, the crime of
aggravated robbery and innumerable other serious criminal or violent
offenses and yet he is eligible to receive the privilege of a pardon.  

But on a lesser offense for which the courts have determined that the
concerns of public safety can be properly satisfied by the granting of a
deferred adjudication disposition, the governor has no power to forgive
that crime.  

There are two Attorney General rulings on this subject (Opinion #s DM-349
circa May 31,1995 and DM-393 circa May 14, 1996). Both are built on the
premise that since a case that is successfully discharged through deferred
adjudication is dismissed and carries no conviction per se, there is no
guilty verdict that would allow use of the Governor's ability to grant a
pardon "after conviction."       
Under this resolution, Texas voters will decide whether the Governor
should have the power to grant a pardon following the successful
completion of a case given the judicial option of deferred adjudication.
S.J.R. 3 proposes a constitutional amendment authorizing the governor to
grant pardons to persons who have received deferred adjudication. 

RULEMAKING AUTHORITY

It is the committee's opinion that this resolution does not expressly
grant any additional rulemaking authority to a state officer, department,
agency, or institution. 

ANALYSIS

S.J.R. 3 amends the Texas Constitution to grant the governor the power, in
all criminal cases, except treason and impeachment, after order of
deferred adjudication, to grant reprieves and commutations of punishment
and pardons. 

FOR ELECTION

Requires this proposed constitutional amendment to be submitted to the
voters at an election to be held November 4, 2003.  

EXPLANATION OF AMENDMENTS

Committee Amendment 1

The amendment changes the election date to September 13, 2003.