| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to certain reports by the Board of Pardons and Parole |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. |
|
|
Section 508.050, Government Code, is |
|
|
amended to read as follows: |
|
|
Sec. 508.050. REPORT TO GOVERNOR. (a) On request of the |
|
|
governor, the board shall investigate a person being considered by |
|
|
the governor for: |
|
|
(1) pardon; |
|
|
(2) commutation of sentence; |
|
|
(3) reprieve; |
|
|
(4) remission of fine; or |
|
|
(5) forfeiture. |
|
|
(b) The board shall report to the governor on its |
|
|
investigation and make recommendations about the person to the |
|
|
governor. |
|
|
(c) All investigations by the Board shall be reported upon |
|
|
with written public decisions explaining the reasons for the |
|
|
Board's recommendations for or against the application. No |
|
|
application by any applicant shall be refused due to insufficient |
|
|
pleadings, though that may be a factor in the Board's |
|
|
recommendation. The Board shall provide a simple form for all |
|
|
applicants to the Governor's office that shall be available |
|
|
publicly and to all inmates in all facilities and electronically to |
|
|
those outside. The applicants to the Governor will be provided a |
|
|
report of the recommendations and investigation with the Board's |
|
|
written explanation, and given one reasonable opportunity to |
|
|
correct any incorrect information or provide additional |
|
|
information. At the end of that time, if no corrections or |
|
|
additional information is supplied, the recommendation becomes |
|
|
final, but does not prevent the person or inmate from presenting a |
|
|
subsequent application in the future. |
|
|
(d) The Board, in making its recommendation, shall consider |
|
|
the following five factors and address them in its written public |
|
|
recommendations to the Governor. Applicant shall refer to all |
|
|
persons or inmates who request relief from the Governor. |
|
|
1. Whether the applicant has shown the ability to |
|
|
rehabilitate themselves through education, work, good works for the |
|
|
community, and changes in their behavior; |
|
|
2. Whether the applicant's former offense has |
|
|
undergone change in the law or in society's view of the offense, as |
|
|
for example whether it has been downgraded by the legislature to a |
|
|
lesser crime' |
|
|
3. Whether there is community support for the relief |
|
|
from the family, public, any possible former complainants or |
|
|
victims in the form of letters of support; |
|
|
4. Whether there is new information concerning the |
|
|
circumstances of the offense, such as new witnesses, recanting |
|
|
witnesses, or changes in science or forensics that might tend to |
|
|
cast doubt on the original conviction or mitigate the applicant's |
|
|
role; |
|
|
5. Whether special circumstances, such as |
|
|
humanitarian considerations of changed status of the applicant or |
|
|
pleas from the former victim supporting relief, justify a favorable |
|
|
recommendation. |
|
|
The Board may, in its discretion, hold a public hearing and |
|
|
subpoenas witnesses and other evidence should it determine that |
|
|
this suits the interests of justice prior to making its |
|
|
recommendation to the Governor. |
|
|
SECTION 2. This Act takes effect September 1, 2017. |