Bill Text: TX HB3078 | 2019-2020 | 86th Legislature | Enrolled
Bill Title: Relating to the review of clemency applications from certain persons who were victims of human trafficking or family violence.
Spectrum: Bipartisan Bill
Status: (Vetoed) 2019-06-15 - Vetoed by the Governor [HB3078 Detail]
Download: Texas-2019-HB3078-Enrolled.html
H.B. No. 3078 |
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relating to the review of clemency applications from certain | ||
persons who were victims of human trafficking or family violence. | ||
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 PANEL FOR CERTAIN OFFENSES. | ||
(a) In this article: | ||
(1) "Board" means the Board of Pardons and Paroles. | ||
(2) "Family violence" has the meaning assigned by | ||
Section 71.004, Family Code. | ||
(b) The board, in consultation with the governor, shall | ||
appoint a panel of experts to review an application for clemency | ||
submitted under this article from a person who was convicted of an | ||
offense committed while under duress or coercion as a result of | ||
being the victim of an offense under Chapter 20A, Penal Code, or an | ||
offense punishable under Section 22.01(b)(2), Penal Code. | ||
(c) The panel consists of the following members: | ||
(1) a person who is a survivor of an offense under | ||
Chapter 20A, Penal Code, or an offense punishable under Section | ||
22.01(b)(2), Penal Code, and who has previous involvement in the | ||
criminal justice system as a result of one or more of those | ||
offenses; | ||
(2) a behavioral health care specialist who represents | ||
the interests of survivors of human trafficking or family violence; | ||
(3) a social worker licensed in this state who has | ||
experience in counseling survivors of human trafficking or family | ||
violence; | ||
(4) a representative of: | ||
(A) the Department of State Health Services who | ||
has experience in preventing, identifying, and responding to human | ||
trafficking and family violence and who is familiar with the | ||
resources and services available for survivors of human trafficking | ||
or family violence; | ||
(B) the Department of Family and Protective | ||
Services who has experience in child protective services or foster | ||
care; | ||
(C) the human trafficking prevention task force | ||
established under Section 402.035, Government Code; | ||
(D) the Texas Juvenile Justice Department who has | ||
experience in identifying youth survivors of human trafficking or | ||
family violence; | ||
(E) a local law enforcement agency that has | ||
specialized intervention policies for identifying survivors of | ||
human trafficking or family violence; and | ||
(F) an advocacy organization that has experience | ||
in developing trauma-informed interventions and collaborative | ||
partnerships with representatives of survivors of human | ||
trafficking or family violence; | ||
(5) a current or former prosecutor who has experience | ||
in prosecuting cases involving human trafficking or family | ||
violence; | ||
(6) a current or former defense attorney who has | ||
experience representing survivors of human trafficking or family | ||
violence; and | ||
(7) a member of the board who has experience in | ||
addressing the needs of survivors of human trafficking or family | ||
violence. | ||
(d) In appointing a member described by Subsection (c)(2), | ||
the board shall give priority to a specialist who has experience in | ||
developing or administering a screening tool for survivors of human | ||
trafficking or family violence. | ||
(e) The board, in consultation with the panel, shall develop | ||
an application process and form for persons described by Subsection | ||
(b) to apply for clemency. The board shall publish the application | ||
form on the board's Internet website. An application for clemency | ||
may include written recommendations from a majority of trial | ||
officials, as defined by rule by the board, currently serving in the | ||
county in which the person was convicted. | ||
(f) On receipt of an application for clemency under this | ||
article, the board shall immediately submit the application to the | ||
panel for review. The panel shall review the application and, not | ||
later than six months after the date the panel received the | ||
application, advise the board on making a recommendation to the | ||
governor regarding whether to grant clemency to the applicant. | ||
SECTION 2. Not later than December 1, 2019, the Board of | ||
Pardons and Paroles, in consultation with the governor, shall | ||
appoint the panel described by Article 48.015, Code of Criminal | ||
Procedure, as added by this Act. | ||
SECTION 3. This Act takes effect September 1, 2019. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 3078 was passed by the House on May 3, | ||
2019, by the following vote: Yeas 139, Nays 0, 2 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 3078 was passed by the Senate on May | ||
22, 2019, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |