BILL ANALYSIS

H.B. 1148

By: Thompson

Criminal Jurisprudence

Committee Report (Unamended)

BACKGROUND AND PURPOSE

In death penalty cases, the governor has the authority to grant only one reprieve of execution within a 30-day period without the recommendation of the Board of Pardons and Paroles. The board may recommend to the governor one or more reprieves of any length on the majority vote of all members. This authority affords a procedure that addresses the possibility that mitigating information may arise that would warrant a delay or temporary suspension of punishment.

H.B. 1148 permits the governor by statutory authority to issue multiple reprieves in capital cases when warranted. This process serves to address situations that arise where there are multiple cases in question that require the governor's attention.

RULEMAKING AUTHORITY

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

ANALYSIS

H.B. 1148 amends the Code of Criminal Procedure to authorize the governor to grant one or more reprieves rather than one reprieve in a capital case. The bill clarifies that the 30-day limit on the period of a reprieve granted by the governor applies to each reprieve.

EFFECTIVE DATE

January 1, 2010, if the constitutional amendment authorizing the governor to grant one or more reprieves in a capital case is approved by the voters.