79R7786 KEL-D

By:  Naishtat                                                     H.B. No. 2125



A BILL TO BE ENTITLED

AN ACT

relating to the procedure applicable to a decision to commute a 
sentence of death.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.   Chapter 48, Code of Criminal Procedure, is 
amended by adding Article 48.041 to read as follows:
	Art. 48.041.  PROCEDURE FOR COMMUTING SENTENCE OF DEATH. (a)  
On request to the Board of Pardons and Paroles that the board 
recommend that the governor commute a death sentence to a sentence 
of imprisonment, made by the condemned person, the condemned 
person's representative, or a majority of the trial officials of 
the convicting court, the board shall hold a public hearing on the 
matter.  After the public hearing, the board shall:
		(1)  conduct a closed meeting under Chapter 551, 
Government Code, in a single physical location to consider whether 
to recommend commutation; and
		(2)  keep and make available to the public a record of:                
			(A)  the board's determination on whether to make 
that recommendation; and
			(B)  the board's reason for that determination.                       
	(b)  An inmate and an inmate's counsel are entitled to attend 
the public hearing described by Subsection (a).  Any person, 
including the inmate, is entitled to testify at that hearing within 
reasonable limits set by the board.
	SECTION 2.  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 in a case other than a 
capital case by telephone conference call.
	SECTION 3.   This Act takes effect September 1, 2005.