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A JOINT RESOLUTION
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proposing a constitutional amendment authorizing the governor to |
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grant a posthumous pardon for actual innocence. |
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BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 11(b), Article IV, Texas Constitution, |
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is amended to read as follows: |
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(b) In all criminal cases, except treason and impeachment, |
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the Governor shall have power, after conviction, on the written |
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signed recommendation and advice of the Board of Pardons and |
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Paroles, or a majority thereof, to grant reprieves and commutations |
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of punishment and pardons, including a posthumous pardon for actual |
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innocence. Under [; and under] such rules as the Legislature may |
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prescribe, and upon the written recommendation and advice of a |
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majority of the Board of Pardons and Paroles, the Governor [he] |
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shall have the power to remit fines and forfeitures. The Governor |
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shall have the power to grant one reprieve in any capital case for a |
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period not to exceed thirty (30) days. The Governor [; and he] |
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shall have power to revoke conditional pardons. With the advice and |
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consent of the Legislature, the Governor [he] may grant reprieves, |
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commutations of punishment and pardons in cases of treason. |
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SECTION 2. This proposed constitutional amendment shall be |
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submitted to the voters at an election to be held November 3, 2009. |
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The ballot shall be printed to permit voting for or against the |
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proposition: "The constitutional amendment authorizing the |
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governor to grant a posthumous pardon for actual innocence." |