Bill Text: TX HB259 | 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) 2021-02-25 - Referred to Corrections [HB259 Detail]
Download: Texas-2021-HB259-Introduced.html
| By: Moody | H.B. No. 259 | |
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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, the [ |
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| not required to meet as a body to perform the members' duties in | ||
| clemency matters. | ||
| SECTION 2. Section 551.124, Government Code, is amended to | ||
| read as follows: | ||
| Sec. 551.124. BOARD OF PARDONS AND PAROLES. 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. | ||
| Sections 551.127(b) and (c) do not apply to a hearing by | ||
| videoconference call held under this section, and the notice | ||
| required by Section 551.127(e) is not required to specify the | ||
| intent to have a quorum or a majority of a quorum physically present | ||
| at a hearing location. | ||
| SECTION 3. 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 housed. 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 4. (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 after June 1, 2022, in a capital | ||
| case. A consideration regarding a clemency matter filed before June | ||
| 1, 2022, in a capital case is covered 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) The Board of Pardons and Paroles Policy Board shall | ||
| adopt the rules required by Article 48.011(e), Code of Criminal | ||
| Procedure, as added by this Act, not later than June 1, 2022. | ||
| SECTION 5. 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. | ||
