Bill Text: TX SB144 | 2011-2012 | 82nd Legislature | Enrolled
Bill Title: Relating to allowing a person who successfully completes a term of deferred adjudication community supervision to be eligible for a pardon.
Spectrum: Bipartisan Bill
Status: (Passed) 2011-06-17 - See remarks for effective date [SB144 Detail]
Download: Texas-2011-SB144-Enrolled.html
S.B. No. 144 |
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relating to allowing a person who successfully completes a term of | ||
deferred adjudication community supervision to be eligible for a | ||
pardon. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Article 48.01, Code of Criminal Procedure, is | ||
amended to read as follows: | ||
Art. 48.01. GOVERNOR MAY PARDON. (a) In all criminal | ||
cases, except treason and impeachment, the Governor shall have | ||
power, after conviction or successful completion of a term of | ||
deferred adjudication community supervision, on the written signed | ||
recommendation and advice of the Board of Pardons and Paroles, or a | ||
majority thereof, to grant reprieves and commutations of | ||
punishments and pardons; and upon the written recommendation and | ||
advice of a majority of the Board of Pardons and Paroles, he shall | ||
have the power to remit fines and forfeitures. The Governor shall | ||
have the power to grant one reprieve in any capital case for a | ||
period not to exceed 30 days; and he shall have power to revoke | ||
conditional pardons. With the advice and consent of the | ||
Legislature, the Governor may grant reprieves, commutations of | ||
punishment and pardons in cases of treason. | ||
(b) The Board of Pardons and Paroles may recommend that the | ||
Governor grant a pardon to a person who: | ||
(1) is placed on deferred adjudication community | ||
supervision under Section 5, Article 42.12, and subsequently | ||
receives a discharge and dismissal under Section 5(c) of that | ||
article; and | ||
(2) on or after the 10th anniversary of the date of | ||
discharge and dismissal, submits a written request to the board for | ||
a recommendation under this subsection. | ||
SECTION 2. This Act takes effect January 1, 2012, but only | ||
if the constitutional amendment proposed by the 82nd Legislature, | ||
Regular Session, 2011, authorizing the governor to grant a pardon | ||
to a person who successfully completes a term of deferred | ||
adjudication community supervision is approved by the voters. If | ||
that amendment is not approved by the voters, this Act has no | ||
effect. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 144 passed the Senate on | ||
March 23, 2011, by the following vote: Yeas 31, Nays 0; | ||
May 25, 2011, Senate refused to concur in House amendment and | ||
requested appointment of Conference Committee; May 26, 2011, House | ||
granted request of the Senate; May 28, 2011, Senate adopted | ||
Conference Committee Report by the following vote: Yeas 31, | ||
Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 144 passed the House, with | ||
amendment, on May 23, 2011, by the following vote: Yeas 142, | ||
Nays 0, one present not voting; May 26, 2011, House granted request | ||
of the Senate for appointment of Conference Committee; | ||
May 28, 2011, House adopted Conference Committee Report by the | ||
following vote: Yeas 145, Nays 0, two present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |