| 1 | 1 | | 81R22495 PEP-D |
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| 2 | 2 | | By: Thompson H.J.R. No. 98 |
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| 3 | 3 | | Substitute the following for H.J.R. No. 98: |
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| 4 | 4 | | By: McReynolds C.S.H.J.R. No. 98 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A JOINT RESOLUTION |
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| 8 | 8 | | proposing a constitutional amendment authorizing the governor to |
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| 9 | 9 | | grant a pardon to certain persons under specific circumstances. |
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| 10 | 10 | | BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 11(b), Article IV, Texas Constitution, |
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| 12 | 12 | | is amended to read as follows: |
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| 13 | 13 | | (b) In all criminal cases, except treason and impeachment, |
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| 14 | 14 | | the Governor shall have power, after conviction or successful |
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| 15 | 15 | | completion of a term of deferred adjudication community |
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| 16 | 16 | | supervision, on the written signed recommendation and advice of the |
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| 17 | 17 | | Board of Pardons and Paroles, or a majority thereof, to grant |
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| 18 | 18 | | reprieves and commutations of punishment and pardons, including a |
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| 19 | 19 | | posthumous pardon for actual innocence. Under [; and under] such |
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| 20 | 20 | | rules as the Legislature may prescribe, and upon the written |
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| 21 | 21 | | recommendation and advice of a majority of the Board of Pardons and |
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| 22 | 22 | | Paroles, the Governor [he] shall have the power to remit fines and |
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| 23 | 23 | | forfeitures. The Governor shall have the power to grant one |
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| 24 | 24 | | reprieve in any capital case for a period not to exceed thirty (30) |
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| 25 | 25 | | days. The Governor [; and he] shall have power to revoke |
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| 26 | 26 | | conditional pardons. With the advice and consent of the |
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| 27 | 27 | | Legislature, the Governor [he] may grant reprieves, commutations of |
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| 28 | 28 | | punishment and pardons in cases of treason. |
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| 29 | 29 | | SECTION 2. This proposed constitutional amendment shall be |
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| 30 | 30 | | submitted to the voters at an election to be held November 3, 2009. |
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| 31 | 31 | | The ballot shall be printed to permit voting for or against the |
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| 32 | 32 | | proposition: "The constitutional amendment authorizing the |
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| 33 | 33 | | governor to grant a pardon to certain persons under specific |
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| 34 | 34 | | circumstances." |
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