Bill Text: TX SB685 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to hearings by the Board of Pardons and Paroles regarding clemency matters.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-04-08 - Left pending in committee [SB685 Detail]
Download: Texas-2021-SB685-Introduced.html
87R3248 JRR-D | ||
By: Lucio | S.B. No. 685 |
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relating to hearings by the Board of Pardons and Paroles regarding | ||
clemency matters. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 508.047(b), Government Code, is amended | ||
to read as follows: | ||
(b) Except as provided by Article 48.011, Code of Criminal | ||
Procedure, and Section 551.124 of this code, the [ |
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the board are not required to meet as a body to perform the members' | ||
duties in clemency matters. | ||
SECTION 2. Section 551.080, Government Code, is amended to | ||
read as follows: | ||
Sec. 551.080. BOARD OF PARDONS AND PAROLES. This chapter | ||
does not require the Board of Pardons and Paroles to conduct an open | ||
meeting to: | ||
(1) interview or counsel an inmate of the Texas | ||
Department of Criminal Justice; or | ||
(2) consider a clemency matter in a capital case under | ||
Article 48.011, Code of Criminal Procedure. | ||
SECTION 3. Section 551.124, Government Code, is amended to | ||
read as follows: | ||
Sec. 551.124. BOARD OF PARDONS AND PAROLES. (a) At the | ||
call of the presiding officer of the Board of Pardons and Paroles, | ||
the board may hold a hearing on clemency matters by videoconference | ||
call, as provided by Section 551.127, or by telephone conference | ||
call. | ||
(b) Sections 551.127(b), (c), and (e) do not apply to a | ||
hearing by videoconference call held under this section. | ||
(c) Section 551.127(a-3) applies to a hearing by | ||
videoconference call held under this section, except that if audio | ||
or video communication with a member is lost or disconnected during | ||
the meeting, the board may continue the meeting only if a quorum of | ||
the board continues to participate in the meeting. | ||
SECTION 4. Chapter 48, Code of Criminal Procedure, is | ||
amended by adding Article 48.011 to read as follows: | ||
Art. 48.011. HEARING BY BOARD OF PARDONS AND PAROLES IN | ||
CAPITAL CASE. (a) In a capital case, the members of the Board of | ||
Pardons and Paroles shall perform the members' duties in clemency | ||
matters by meeting in person or by participating in a telephone | ||
conference call, as provided by Section 551.124, Government Code, | ||
or a videoconference call, as provided by Section 551.127, | ||
Government Code. | ||
(b) Regardless of whether board members meet in person or | ||
participate in a telephone conference call or videoconference call, | ||
the attorney or other person representing the inmate and any person | ||
representing the family of the victim may appear in person or be | ||
present on the telephone conference call or videoconference call, | ||
as applicable, to make a presentation on the clemency matter. The | ||
board may limit the number of persons who may make a presentation | ||
and may prohibit any person other than a board member from being | ||
heard. A hearing under this article is not subject to the | ||
requirement of Section 551.002, Government Code, that the hearing | ||
be open to the public. | ||
(c) A hearing conducted in person shall be held at the | ||
correctional facility where the inmate is confined. The inmate | ||
must be allowed to appear in person or be present on the telephone | ||
conference call or videoconference call, as applicable, unless | ||
there is an overriding security issue. | ||
(d) The board may deliberate privately after holding a | ||
hearing under this article, but at the conclusion of deliberations, | ||
the presiding officer shall announce publicly each member's | ||
decision regarding whether to recommend clemency. Each member | ||
shall sign the member's name with the member's written | ||
recommendation and reasons, if any, for the recommendation. | ||
(e) The board shall adopt rules as necessary to implement | ||
the requirements of this article. | ||
SECTION 5. (a) The change in law made by this Act applies | ||
only to a consideration by the Board of Pardons and Paroles | ||
regarding a clemency matter filed on or after June 1, 2022, in a | ||
capital case. A consideration regarding a clemency matter filed | ||
before June 1, 2022, in a capital case is governed by the law in | ||
effect on the date the clemency matter was filed, and the former law | ||
is continued in effect for that purpose. | ||
(b) Not later than June 1, 2022, the Board of Pardons and | ||
Paroles shall adopt the rules required by Article 48.011(e), Code | ||
of Criminal Procedure, as added by this Act. | ||
SECTION 6. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2021. |