S.B. No. 144
AN ACT
relating to allowing a person who successfully completes a term of
deferred adjudication community supervision to be eligible for a
pardon.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 48.01, Code of Criminal Procedure, is
amended to read as follows:
Art. 48.01. GOVERNOR MAY PARDON. (a) In all criminal
cases, except treason and impeachment, the Governor shall have
power, after conviction or successful completion of a term of
deferred adjudication community supervision, on the written signed
recommendation and advice of the Board of Pardons and Paroles, or a
majority thereof, to grant reprieves and commutations of
punishments and pardons; and upon the written recommendation and
advice of a majority of the Board of Pardons and Paroles, he shall
have the power to remit fines and forfeitures. The Governor shall
have the power to grant one reprieve in any capital case for a
period not to exceed 30 days; and he shall have power to revoke
conditional pardons. With the advice and consent of the
Legislature, the Governor may grant reprieves, commutations of
punishment and pardons in cases of treason.
(b) The Board of Pardons and Paroles may recommend that the
Governor grant a pardon to a person who:
(1) is placed on deferred adjudication community
supervision under Section 5, Article 42.12, and subsequently
receives a discharge and dismissal under Section 5(c) of that
article; and
(2) on or after the 10th anniversary of the date of
discharge and dismissal, submits a written request to the board for
a recommendation under this subsection.
SECTION 2. This Act takes effect January 1, 2012, but only
if the constitutional amendment proposed by the 82nd Legislature,
Regular Session, 2011, authorizing the governor to grant a pardon
to a person who successfully completes a term of deferred
adjudication community supervision is approved by the voters. If
that amendment is not approved by the voters, this Act has no
effect.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 144 passed the Senate on
March 23, 2011, by the following vote: Yeas 31, Nays 0;
May 25, 2011, Senate refused to concur in House amendment and
requested appointment of Conference Committee; May 26, 2011, House
granted request of the Senate; May 28, 2011, Senate adopted
Conference Committee Report by the following vote: Yeas 31,
Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 144 passed the House, with
amendment, on May 23, 2011, by the following vote: Yeas 142,
Nays 0, one present not voting; May 26, 2011, House granted request
of the Senate for appointment of Conference Committee;
May 28, 2011, House adopted Conference Committee Report by the
following vote: Yeas 145, Nays 0, two present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor