Bill Text: TX SB2148 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the review of clemency applications from certain persons who were victims of human trafficking or family violence.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2019-03-21 - Referred to State Affairs [SB2148 Detail]
Download: Texas-2019-SB2148-Introduced.html
| 86R12096 JG-D | ||
| By: Zaffirini | S.B. No. 2148 | |
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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. | ||
