| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the review of clemency applications from certain |
|
|
persons who were victims of human trafficking or family violence. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Chapter 48, Code of Criminal Procedure, is |
|
|
amended by adding Article 48.015 to read as follows: |
|
|
Art. 48.015. CLEMENCY REVIEW PANEL FOR CERTAIN OFFENSES. |
|
|
(a) In this article: |
|
|
(1) "Board" means the Board of Pardons and Paroles. |
|
|
(2) "Family violence" has the meaning assigned by |
|
|
Section 71.004, Family Code. |
|
|
(b) The board, in consultation with the governor, shall |
|
|
appoint a panel of experts to review an application for clemency |
|
|
submitted under this article from a person who was convicted of an |
|
|
offense committed while under duress or coercion as a result of |
|
|
being the victim of an offense under Chapter 20A, Penal Code, or an |
|
|
offense punishable under Section 22.01(b)(2), Penal Code. |
|
|
(c) The panel consists of the following members: |
|
|
(1) a person who is a survivor of an offense under |
|
|
Chapter 20A, Penal Code, or an offense punishable under Section |
|
|
22.01(b)(2), Penal Code, and who has previous involvement in the |
|
|
criminal justice system as a result of one or more of those |
|
|
offenses; |
|
|
(2) a behavioral health care specialist who represents |
|
|
the interests of survivors of human trafficking or family violence; |
|
|
(3) a social worker licensed in this state who has |
|
|
experience in counseling survivors of human trafficking or family |
|
|
violence; |
|
|
(4) a representative of: |
|
|
(A) the Department of State Health Services who |
|
|
has experience in preventing, identifying, and responding to human |
|
|
trafficking and family violence and who is familiar with the |
|
|
resources and services available for survivors of human trafficking |
|
|
or family violence; |
|
|
(B) the Department of Family and Protective |
|
|
Services who has experience in child protective services or foster |
|
|
care; |
|
|
(C) the human trafficking prevention task force |
|
|
established under Section 402.035, Government Code; |
|
|
(D) the Texas Juvenile Justice Department who has |
|
|
experience in identifying youth survivors of human trafficking or |
|
|
family violence; |
|
|
(E) a local law enforcement agency that has |
|
|
specialized intervention policies for identifying survivors of |
|
|
human trafficking or family violence; and |
|
|
(F) an advocacy organization that has experience |
|
|
in developing trauma-informed interventions and collaborative |
|
|
partnerships with representatives of survivors of human |
|
|
trafficking or family violence; |
|
|
(5) a current or former prosecutor who has experience |
|
|
in prosecuting cases involving human trafficking or family |
|
|
violence; |
|
|
(6) a current or former defense attorney who has |
|
|
experience representing survivors of human trafficking or family |
|
|
violence; and |
|
|
(7) a member of the board who has experience in |
|
|
addressing the needs of survivors of human trafficking or family |
|
|
violence. |
|
|
(d) In appointing a member described by Subsection (c)(2), |
|
|
the board shall give priority to a specialist who has experience in |
|
|
developing or administering a screening tool for survivors of human |
|
|
trafficking or family violence. |
|
|
(e) The board, in consultation with the panel, shall develop |
|
|
an application process and form for persons described by Subsection |
|
|
(b) to apply for clemency. The board shall publish the application |
|
|
form on the board's Internet website. An application for clemency |
|
|
may include written recommendations from a majority of trial |
|
|
officials, as defined by rule by the board, currently serving in the |
|
|
county in which the person was convicted. |
|
|
(f) On receipt of an application for clemency under this |
|
|
article, the board shall immediately submit the application to the |
|
|
panel for review. The panel shall review the application and, not |
|
|
later than six months after the date the panel received the |
|
|
application, advise the board on making a recommendation to the |
|
|
governor regarding whether to grant clemency to the applicant. |
|
|
SECTION 2. Not later than December 1, 2019, the Board of |
|
|
Pardons and Paroles, in consultation with the governor, shall |
|
|
appoint the panel described by Article 48.015, Code of Criminal |
|
|
Procedure, as added by this Act. |
|
|
SECTION 3. This Act takes effect September 1, 2019. |