Bill Text: TX HB3312 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to certain reports by the Board of Pardons and Parole
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-04-03 - Referred to Corrections [HB3312 Detail]
Download: Texas-2017-HB3312-Introduced.html
| By: Thompson of Harris | H.B. No. 3312 | |
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| 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. | ||
