Bill Text: TX HB1894 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to a clemency review of certain felony offenders by the Board of Pardons and Paroles.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-04-14 - Left pending in committee [HB1894 Detail]
Download: Texas-2021-HB1894-Introduced.html
| 87R4999 MCF-D | ||
| By: White | H.B. No. 1894 | |
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| relating to a clemency review of certain felony offenders by the | ||
| Board of Pardons and Paroles. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 48, Code of Criminal Procedure, is | ||
| amended by adding Article 48.015 to read as follows: | ||
| Art. 48.015. CLEMENCY REVIEW FOR CERTAIN FELONIES. (a) In | ||
| this article, "board" means the Board of Pardons and Paroles. | ||
| (b) The board shall review each person described by | ||
| Subsection (c) to identify appropriate persons to recommend to the | ||
| governor for purposes of granting clemency. | ||
| (c) Except as provided by Subsection (d), a person is | ||
| entitled to review under this article if: | ||
| (1) the person was convicted of or placed on deferred | ||
| adjudication community supervision for a state jail felony or a | ||
| felony of the third degree; | ||
| (2) a period of not less than 20 years has elapsed from | ||
| the date, as applicable: | ||
| (A) the person's sentence for the offense | ||
| described by Subdivision (1) was finally discharged; or | ||
| (B) the person received a dismissal and discharge | ||
| under Article 42A.111 for the offense described by Subdivision (1); | ||
| and | ||
| (3) during the period described by Subdivision (2), | ||
| the person has not been convicted of any offense other than an | ||
| offense punishable by fine only. | ||
| (d) The board may exclude from the review required by this | ||
| article persons described by Subsection (c) who were convicted of | ||
| or placed on deferred adjudication for certain offenses for which | ||
| the board considers clemency inappropriate, such as: | ||
| (1) sexual offenses; | ||
| (2) offenses involving family violence, as defined by | ||
| Section 71.004, Family Code; or | ||
| (3) offenses involving a victim who was a child, an | ||
| elderly individual, or a disabled individual at the time of the | ||
| offense. | ||
| (e) The board shall develop a plan to implement the review | ||
| required by this article. The plan must require that, not later | ||
| than: | ||
| (1) September 1, 2028, the board review the state jail | ||
| felony convictions of persons entitled to review under this article | ||
| as of September 1, 2021; | ||
| (2) September 1, 2035, the board review the third | ||
| degree felony convictions of persons entitled to review under this | ||
| article as of September 1, 2028; and | ||
| (3) September 1, 2042, the board review the deferred | ||
| adjudication community supervision of persons entitled to review | ||
| under this article as of September 1, 2035. | ||
| (f) This subsection and Subsection (e) expire September 1, | ||
| 2043. | ||
| SECTION 2. This Act takes effect September 1, 2021. | ||
