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By: Thompson, Hodge, Dutton |
H.B. No. 1148 |
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(Senate Sponsor - Ellis) |
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(In the Senate - Received from the House April 23, 2009; |
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April 24, 2009, read first time and referred to Committee on |
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Criminal Justice; May 6, 2009, reported favorably by the following |
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vote: Yeas 6, Nays 0; May 6, 2009, sent to printer.) |
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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of the governor to grant one or more |
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reprieves in a capital case. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 48.01, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 48.01. GOVERNOR MAY PARDON. In all criminal cases, |
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except treason and impeachment, the Governor shall have power, |
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after conviction, on the written signed recommendation and advice |
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of the Board of Pardons and Paroles, or a majority thereof, to grant |
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reprieves and commutations of punishments and pardons; and upon |
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the written recommendation and advice of a majority of the Board of |
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Pardons and Paroles, he shall have the power to remit fines and |
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forfeitures. The Governor shall have the power to grant one or more |
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reprieves [reprieve] in any capital case for a period not to exceed |
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30 days for each reprieve; and he shall have power to revoke |
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conditional pardons. With the advice and consent of the |
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Legislature, the Governor may grant reprieves, commutations of |
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punishment and pardons in cases of treason. |
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SECTION 2. This Act takes effect January 1, 2010, but only |
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if the constitutional amendment proposed by the 81st Legislature, |
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Regular Session, 2009, authorizing the governor to grant one or |
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more reprieves in a capital case is approved by the voters. If that |
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amendment is not approved by the voters, this Act has no effect. |
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* * * * * |