Bill Text: MS HC27 | 2012 | Regular Session | Introduced
Bill Title: Constitution; amend to prohibit the Governor from granting a pardon or reprieve within the last 90 days of office.
Spectrum: Moderate Partisan Bill (Democrat 18-4)
Status: (Failed) 2012-03-06 - Died In Committee [HC27 Detail]
Download: Mississippi-2012-HC27-Introduced.html
MISSISSIPPI LEGISLATURE
2012 Regular Session
To: Judiciary A; Constitution
By: Representatives Baria, Bain, Broomfield, Brown (20th), Coleman (65th), Evans (43rd), Evans (70th), Evans (91st), Holland, Horan, Huddleston (30th), Lane, Miles, Moak, Oberhousen, Patterson, Steverson, Straughter, Warren, Whittington, Williams-Barnes, Young
House Concurrent Resolution 27
A CONCURRENT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 124, MISSISSIPPI CONSTITUTION OF 1890, TO PROHIBIT THE GOVERNOR FROM GRANTING A PARDON OR REPRIEVE WITHIN THE LAST 90 DAYS OF THE GOVERNOR'S TERM OF OFFICE; TO PROVIDE THAT THE LEGISLATURE MAY BY GENERAL LAW REQUIRE THE GOVERNOR TO NOTIFY CERTAIN OFFICIALS AND OTHER PERSONS BEFORE THE GOVERNOR MAY EXERCISE THE POWER TO GRANT A REPRIEVE OR PARDON; AND FOR RELATED PURPOSES.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI, That the following amendment to the Mississippi Constitution of 1890 is proposed to the qualified electors of the state:
Amend Section 124, Mississippi Constitution of 1890, to read as follows:
"Section 124. In all criminal and penal cases, excepting those of treason and impeachment, the Governor shall have power to grant reprieves and pardons, to remit fines, and in cases of forfeiture, to stay the collection until the end of the next session of the Legislature, and by and with the consent of the Senate to remit forfeitures. In cases of treason he shall have power to grant reprieves, and by and with consent of the Senate, but may respite the sentence until the end of the next session of the Legislature; but no pardon shall be granted before conviction; and in cases of felony, after conviction no pardon shall be granted until the applicant therefor shall have published for thirty (30) days, in some newspaper in the county where the crime was committed, and in case there be no newspaper published in said county, then in an adjoining county, his petition for pardon, setting forth therein the reasons why such pardon should be granted. No pardon or reprieve shall be granted by the Governor within the last ninety (90) days of the Governor's term of office. The Legislature, by general law, may require the Governor to notify certain officials and other persons before the Governor exercises the power to grant a reprieve or pardon."
BE IT FURTHER RESOLVED, That this proposed amendment shall be submitted by the Secretary of State to the qualified electors at an election to be held on the first Tuesday after the first Monday of November 2012, as provided by Section 273 of the Constitution and by general law.
BE IT FURTHER RESOLVED, That the explanation of this proposed amendment for the ballot shall read as follows: "This proposed constitutional amendment prohibits the Governor from granting a pardon or reprieve within the last 90 days of the Governor's term of office. This amendment also authorizes the Legislature, by general law, to require the Governor to notify certain officials and other persons before the Governor exercises the power to grant a reprieve or pardon."
