BILL ANALYSIS

Senate Research Center                                                                                                     H.B. 1148

81R1341 HLT-D                                                                                      By: Thompson et al. (Ellis)

Criminal Justice

5/1/2009

Engrossed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

The administration of the death penalty in Texas includes the authority of the governor to grant a reprieve, because of the possibility that mitigating information may arise that would warrant a pardon or lesser sentence.  The State of Texas currently allows the governor to issue only one 30-day reprieve in a capital case.  This bill gives the governor the statutory authority to issue multiple 30-day reprieves in capital cases when warranted.

H.B. 1148 amends current law relating to the authority of the governor to grant one or more reprieves in a 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 Article 48.01, Code of Criminal Procedure, to increase the number of reprieves the governor has the power to grant, from one reprieve for a period not to exceed 30 days to one or more reprieves in any capital case for a period not to exceed 30 days for each reprieve.

SECTION 2.  Effective date: January 1, 2010, contingent upon approval by the voters of the constitutional amendment relating to authorizing the governor to grant one or more reprieves in a capital case.