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A BILL TO BE ENTITLED
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AN ACT
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relating to hearings by the Board of Pardons and Paroles regarding |
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clemency matters. |
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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 48.011 to read as follows: |
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Art. 48.011. HEARING BY BOARD OF PARDONS AND PAROLES IN |
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CAPITAL CASE. (a) In a capital case, the members of the Board of |
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Pardons and Paroles shall perform the members' duties in clemency |
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matters by meeting in person or by participating in a telephone |
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conference call, as provided by Section 551.124, Government Code, |
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or a videoconference call, as provided by Section 551.127, |
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Government Code. |
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(b) Regardless of whether board members meet in person or |
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participate in a telephone conference call or videoconference call, |
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the attorney or other person representing the inmate and any person |
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representing the family of the victim may appear in person or be |
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present on the telephone conference call or videoconference call, |
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as applicable, to make a presentation on the clemency matter. The |
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board may limit the number of persons who may make a presentation |
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and may prohibit any person other than a board member from being |
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heard. A hearing under this article is not subject to the |
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requirement of Section 551.002, Government Code, that the hearing |
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be open to the public. |
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(c) A hearing conducted in person shall be held at the |
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correctional facility where the inmate is confined. The inmate |
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must be allowed to appear in person or be present on the telephone |
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conference call or videoconference call, as applicable, unless |
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there is an overriding security issue. |
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(d) The board may deliberate privately after holding a |
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hearing under this article, but at the conclusion of deliberations, |
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the presiding officer shall announce publicly each member's |
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decision regarding whether to recommend clemency. Each member |
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shall sign the member's name with the member's written |
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recommendation and reasons, if any, for the recommendation. |
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(e) The board shall adopt rules as necessary to implement |
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the requirements of this article. |
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SECTION 2. Section 508.047(b), Government Code, is amended |
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to read as follows: |
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(b) Except as provided by Article 48.011, Code of Criminal |
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Procedure, and Section 551.124 of this code, the [The] members of |
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the board are not required to meet as a body to perform the members' |
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duties in clemency matters. |
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SECTION 3. Section 551.080, Government Code, is amended to |
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read as follows: |
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Sec. 551.080. BOARD OF PARDONS AND PAROLES. This chapter |
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does not require the Board of Pardons and Paroles to conduct an open |
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meeting to: |
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(1) interview or counsel an inmate of the Texas |
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Department of Criminal Justice; or |
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(2) consider a clemency matter in a capital case under |
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Article 48.011, Code of Criminal Procedure. |
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SECTION 4. Section 551.124, Government Code, is amended to |
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read as follows: |
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Sec. 551.124. BOARD OF PARDONS AND PAROLES. (a) At the |
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call of the presiding officer of the Board of Pardons and Paroles, |
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the board may hold a hearing on clemency matters by videoconference |
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call, as provided by Section 551.127, or by telephone conference |
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call. |
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(b) Sections 551.127(b), (c), and (e) do not apply to a |
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hearing by videoconference call held under this section. |
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(c) Section 551.127(a-3) applies to a hearing by |
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videoconference call held under this section, except that if audio |
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or video communication with a member is lost or disconnected during |
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the meeting, the board may continue the meeting only if a quorum of |
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the board continues to participate in the meeting. |
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SECTION 5. (a) The change in law made by this Act applies |
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only to a consideration by the Board of Pardons and Paroles |
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regarding a clemency matter filed on or after June 1, 2024, in a |
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capital case. A consideration regarding a clemency matter filed |
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before June 1, 2024, in a capital case is governed by the law in |
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effect immediately before the effective date of this Act, and the |
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former law is continued in effect for that purpose. |
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(b) Not later than June 1, 2024, the Board of Pardons and |
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Paroles shall adopt the rules required by Article 48.011(e), Code |
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of Criminal Procedure, as added by this Act. |
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SECTION 6. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |