| 1 | 1 | | By: Thompson, et al. (Senate Sponsor - Ellis) H.J.R. No. 58 |
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| 2 | 2 | | (In the Senate - Received from the House April 27, 2009; |
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| 3 | 3 | | April 27, 2009, read first time and referred to Committee on |
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| 4 | 4 | | Criminal Justice; May 6, 2009, reported favorably by the following |
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| 5 | 5 | | vote: Yeas 6, Nays 0; May 6, 2009, sent to printer.) |
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| 6 | 6 | | |
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| 7 | 7 | | |
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| 8 | 8 | | HOUSE JOINT RESOLUTION |
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| 9 | 9 | | proposing a constitutional amendment authorizing the governor to |
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| 10 | 10 | | grant one or more reprieves in a capital case. |
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| 11 | 11 | | BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 11(b), Article IV, Texas Constitution, |
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| 13 | 13 | | is amended to read as follows: |
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| 14 | 14 | | (b) In all criminal cases, except treason and impeachment, |
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| 15 | 15 | | the Governor shall have power, after conviction, on the written |
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| 16 | 16 | | signed recommendation and advice of the Board of Pardons and |
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| 17 | 17 | | Paroles, or a majority thereof, to grant reprieves and commutations |
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| 18 | 18 | | of punishment and pardons; and under such rules as the Legislature |
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| 19 | 19 | | may prescribe, and upon the written recommendation and advice of a |
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| 20 | 20 | | majority of the Board of Pardons and Paroles, he shall have the |
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| 21 | 21 | | power to remit fines and forfeitures. The Governor shall have the |
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| 22 | 22 | | power to grant one or more reprieves [reprieve] in any capital case |
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| 23 | 23 | | for a period not to exceed thirty (30) days for each reprieve; and |
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| 24 | 24 | | he shall have power to revoke conditional pardons. With the advice |
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| 25 | 25 | | and consent of the Legislature, he may grant reprieves, |
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| 26 | 26 | | commutations of punishment and pardons in cases of treason. |
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| 27 | 27 | | SECTION 2. This proposed constitutional amendment shall be |
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| 28 | 28 | | submitted to the voters at an election to be held November 3, 2009. |
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| 29 | 29 | | The ballot shall be printed to permit voting for or against the |
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| 30 | 30 | | proposition: "The constitutional amendment authorizing the |
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| 31 | 31 | | governor to grant more than one reprieve in a capital case." |
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| 32 | 32 | | * * * * * |
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