SRC-TAG S.J.R. 28 78(R)   BILL ANALYSIS


Senate Research Center   S.J.R. 28
78R3619 KCR-DBy: Ellis, Rodney
Criminal Justice
3/24/2003
As Filed


DIGEST AND PURPOSE 

Under the Texas constitution, the governor is allowed to issue one 30-day
reprieve in an capital case. Recent revisions by the legislature regarding
the administration of capital punishment have included DNA testing for
inmates, determination of mental competency, and improved indigent
criminal defense measures.  As proposed, S.J.R. 28 allows the governor to
issue multiple 30-day reprieves in any capital case. 

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 Section 11(b), Article IV, Texas Constitution, to
require the governor to have the power to grant one or more reprieves,
rather than one reprieve, in any capital case for a period not to exceed
thirty (30) days for each reprieve.  Makes a nonsubstantive change.  

SECTION 2.  Requires this proposed constitutional amendment to be
submitted to the voters at an election to be held November 4, 2003.
Requires the printed ballot to allow voting for or against the
proposition: "The constitutional amendment authorizing the governor to
grant more than one reprieve in a capital case."