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A BILL TO BE ENTITLED
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AN ACT
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relating to allowing a person who successfully completes a term of |
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deferred adjudication community supervision to be eligible for a |
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pardon. |
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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 or successful completion of a term of deferred |
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adjudication community supervision, on the written signed |
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recommendation and advice of the Board of Pardons and Paroles, or a |
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majority thereof, to grant reprieves and commutations of |
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punishments and pardons; and upon the written recommendation and |
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advice of a majority of the Board of Pardons and Paroles, he shall |
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have the power to remit fines and forfeitures. The Governor shall |
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have the power to grant one reprieve in any capital case for a |
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period not to exceed 30 days; 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 September 1, 2009, 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 a pardon |
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to a person who successfully completes a term of deferred |
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adjudication community supervision is approved by the voters. If |
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that amendment is not approved by the voters, this Act has no |
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effect. |