| 1 | 1 | | 81R1341 HLT-D |
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| 2 | 2 | | By: Thompson H.B. No. 1148 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the authority of the governor to grant one or more |
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| 8 | 8 | | reprieves in a capital case. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Article 48.01, Code of Criminal Procedure, is |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | Art. 48.01. GOVERNOR MAY PARDON. In all criminal cases, |
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| 13 | 13 | | except treason and impeachment, the Governor shall have power, |
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| 14 | 14 | | after conviction, on the written signed recommendation and advice |
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| 15 | 15 | | of the Board of Pardons and Paroles, or a majority thereof, to grant |
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| 16 | 16 | | reprieves and commutations of punishments and pardons; and upon |
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| 17 | 17 | | the written recommendation and advice of a majority of the Board of |
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| 18 | 18 | | Pardons and Paroles, he shall have the power to remit fines and |
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| 19 | 19 | | forfeitures. The Governor shall have the power to grant one or more |
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| 20 | 20 | | reprieves [reprieve] in any capital case for a period not to exceed |
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| 21 | 21 | | 30 days for each reprieve; and he shall have power to revoke |
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| 22 | 22 | | conditional pardons. With the advice and consent of the |
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| 23 | 23 | | Legislature, the Governor may grant reprieves, commutations of |
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| 24 | 24 | | punishment and pardons in cases of treason. |
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| 25 | 25 | | SECTION 2. This Act takes effect January 1, 2010, but only |
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| 26 | 26 | | if the constitutional amendment proposed by the 81st Legislature, |
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| 27 | 27 | | Regular Session, 2009, authorizing the governor to grant one or |
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| 28 | 28 | | more reprieves in a capital case is approved by the voters. If that |
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| 29 | 29 | | amendment is not approved by the voters, this Act has no effect. |
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