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A BILL TO BE ENTITLED
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AN ACT
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relating to a clemency review of certain felony offenders by the |
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Board of Pardons and Paroles. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 48, Code of Criminal Procedure, is |
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amended by adding Article 48.015 to read as follows: |
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Art. 48.015. CLEMENCY REVIEW FOR CERTAIN FELONIES. (a) In |
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this article, "board" means the Board of Pardons and Paroles. |
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(b) The board shall review each person described by |
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Subsection (c) to identify appropriate persons to recommend to the |
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governor for purposes of granting clemency. |
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(c) Except as provided by Subsection (d), a person is |
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entitled to review under this article if: |
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(1) the person was convicted of or placed on deferred |
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adjudication community supervision for a state jail felony or a |
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felony of the third degree; |
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(2) a period of not less than 20 years has elapsed from |
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the date, as applicable: |
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(A) the person's sentence for the offense |
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described by Subdivision (1) was finally discharged; or |
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(B) the person received a dismissal and discharge |
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under Article 42A.111 for the offense described by Subdivision (1); |
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and |
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(3) during the period described by Subdivision (2), |
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the person has not been convicted of any offense other than an |
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offense punishable by fine only. |
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(d) The board may exclude from the review required by this |
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article persons described by Subsection (c) who were convicted of |
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or placed on deferred adjudication for certain offenses for which |
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the board considers clemency inappropriate, such as: |
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(1) sexual offenses; |
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(2) offenses involving family violence, as defined by |
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Section 71.004, Family Code; or |
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(3) offenses involving a victim who was a child, an |
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elderly individual, or a disabled individual at the time of the |
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offense. |
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(e) The board shall develop a plan to implement the review |
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required by this article. The plan must require that, not later |
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than: |
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(1) September 1, 2028, the board review the state jail |
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felony convictions of persons entitled to review under this article |
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as of September 1, 2021; |
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(2) September 1, 2035, the board review the third |
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degree felony convictions of persons entitled to review under this |
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article as of September 1, 2028; and |
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(3) September 1, 2042, the board review the deferred |
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adjudication community supervision of persons entitled to review |
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under this article as of September 1, 2035. |
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(f) This subsection and Subsection (e) expire September 1, |
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2043. |
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SECTION 2. This Act takes effect September 1, 2021. |