|
BILL ANALYSIS |
|
By: West |
BACKGROUND AND PURPOSE
Current law authorizes the governor to grant reprieves and commutations of punishment on the
written and signed recommendation of the Board of Pardons and Paroles following conviction in
all criminal cases, except those for treason and impeachment.
An offender who successfully completes a term of deferred adjudication is subsequently
dismissed from future ramifications, but the crime remains a permanent mark on the offender's
record and an obstacle to securing employment.
C.S.S.J.R. 11 proposes an amendment to the Texas Constitution to authorize the governor to
grant a pardon to a person who successfully completes a term of deferred adjudication
community supervision, and to include a posthumous pardon for actual innocence among the
pardons the governor is authorized to grant under certain circumstances.
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
C.S.S.J.R. 11 proposes an amendment to the Texas Constitution to authorize the governor to
grant a pardon to a person who successfully completes a term of deferred adjudication
community supervision and to include a posthumous pardon for actual innocence among the
pardons the governor is authorized to grant under certain circumstances. The resolution sets forth
the required language for the ballot.
EFFECTIVE DATE
The constitutional amendment proposed by this joint resolution will be submitted to the voters at
an election to be held November 3, 2009.
COMPARISON OF ORIGINAL TO SUBSTITUTE
C.S.S.J.R. 11 adds a provision not in the original including a posthumous pardon for actual
innocence among the pardons the governor is authorized to grant under certain conditions. The
substitute differs from the original by changing the ballot language.