Texas 2009 - 81st Regular

Texas House Bill HB1149 Compare Versions

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Old	New	Differences
1	1	81R1340 HLT-D
2	2	By: Thompson H.B. No. 1149
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to hearings by the Board of Pardons and Paroles regarding
8	8	clemency matters.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 508.047(b), Government Code, is amended
11	11	to read as follows:
12	12	(b) Except as provided by Article 48.011, Code of Criminal
13	13	Procedure, and Section 551.124, the [The] members of the board are
14	14	not required to meet as a body to perform the members' duties in
15	15	clemency matters.
16	16	SECTION 2. Section 551.124, Government Code, is amended to
17	17	read as follows:
18	18	Sec. 551.124. BOARD OF PARDONS AND PAROLES. At the call of
19	19	the presiding officer of the Board of Pardons and Paroles, the board
20	20	may hold a hearing on clemency matters by videoconference call, as
21	21	provided by Section 551.127, or by telephone conference call.
22	22	Sections 551.127(b) and (c) do not apply to a hearing by
23	23	videoconference call held under this section, and the notice
24	24	required by Section 551.127(e) is not required to specify the
25	25	intent to have a quorum or a majority of a quorum physically present
26	26	at a hearing location.
27	27	SECTION 3. Chapter 48, Code of Criminal Procedure, is
28	28	amended by adding Article 48.011 to read as follows:
29	29	Art. 48.011. HEARING BY BOARD OF PARDONS AND PAROLES IN
30	30	CAPITAL CASE. (a) In a capital case, the members of the Board of
31	31	Pardons and Paroles shall perform the members' duties in clemency
32	32	matters by meeting in person or by participating in a telephone
33	33	conference call, as provided by Section 551.124, Government Code,
34	34	or a videoconference call, as provided by Section 551.127,
35	35	Government Code.
36	36	(b) Regardless of whether board members meet in person or
37	37	participate in a telephone conference call or videoconference call,
38	38	the attorney or other person representing the inmate and any person
39	39	representing the family of the victim may appear in person or be
40	40	present on the telephone conference call or videoconference call,
41	41	as applicable, to make a presentation on the clemency matter. The
42	42	board may limit the number of persons who may make a presentation
43	43	and may prohibit any person other than a board member from being
44	44	heard. A hearing under this article is not subject to the
45	45	requirement of Section 551.002, Government Code, that the hearing
46	46	be open to the public.
47	47	(c) A hearing conducted in person shall be held at the
48	48	correctional facility where the inmate is housed. The inmate must
49	49	be allowed to appear in person or be present on the telephone
50	50	conference call or videoconference call, as applicable, unless
51	51	there is an overriding security issue.
52	52	(d) The board may deliberate privately after holding a
53	53	hearing under this article, but at the conclusion of deliberations,
54	54	the presiding officer shall announce publicly each member's
55	55	decision regarding whether to recommend clemency. Each member
56	56	shall sign the member's name with the member's written
57	57	recommendation and reasons, if any, for the recommendation.
58	58	(e) The board shall adopt rules as necessary to implement
59	59	the requirements of this article.
60	60	SECTION 4. (a) The change in law made by this Act applies
61	61	only to a consideration by the Board of Pardons and Paroles
62	62	regarding a clemency matter filed after June 1, 2010, in a capital
63	63	case. A consideration regarding a clemency matter filed before
64	64	June 1, 2010, in a capital case is covered by the law in effect on
65	65	the date the clemency matter was filed, and the former law is
66	66	continued in effect for that purpose.
67	67	(b) The Board of Pardons and Paroles Policy Board shall
68	68	adopt the rules required by Article 48.011(e), Code of Criminal
69	69	Procedure, as added by this Act, not later than June 1, 2010.
70	70	SECTION 5. This Act takes effect immediately if it receives
71	71	a vote of two-thirds of all the members elected to each house, as
72	72	provided by Section 39, Article III, Texas Constitution. If this
73	73	Act does not receive the vote necessary for immediate effect, this
74	74	Act takes effect September 1, 2009.