By: West S.B. No. 144
(In the Senate - Filed November 8, 2010; January 31, 2011,
read first time and referred to Committee on Criminal Justice;
March 21, 2011, reported favorably by the following vote: Yeas 7,
Nays 0; March 21, 2011, sent to printer.)
A BILL TO BE ENTITLED
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. 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.
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.
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