Texas House Bill HJR58

Texas 2009 - 81st Regular

• Out of House Committee: 4/7/09
• Voted on by House: 4/24/09
• Out of Senate Committee: 5/6/09

Caption

Proposing a constitutional amendment authorizing the governor to grant one or more reprieves in a capital case.

Impact

If passed, HJR58 would transform the governor's capabilities regarding capital punishment in Texas, enabling more flexibility in handling capital cases. This change could potentially impact the outcomes of death penalty cases by providing additional time for the governor to review cases and consider new evidence, which may lead to a more humane application of capital punishment. Additionally, the amendment would require that voters approve this measure in a statewide election, putting the final decision into the hands of the electorate.

Summary

HJR58 is a joint resolution proposed to amend the Texas Constitution, specifically Section 11(b) of Article IV, to grant the governor the authority to issue more than one reprieve in capital cases. Currently, the governor can grant only one reprieve for a capital offense, and this bill aims to modify that limitation. The proposed amendment relies on recommendations from a majority of the Board of Pardons and Paroles, ensuring that advisory counsel is involved in the decision-making process for reprieves. The amendment would also allow each reprieve to last for a maximum of thirty days.

Contention

The key points of contention surrounding HJR58 stem from differing views on the death penalty's morality and efficacy. Supporters may argue that allowing multiple reprieves could prevent wrongful executions and ensure a thorough review of each case, enhancing justice in the capital punishment system. On the other hand, opponents might contend that this change undermines the finality of the death penalty and could lead to prolonged uncertainty for victims’ families, ultimately raising questions about the legitimacy and efficacy of capital punishment as a whole.