Texas 2011 - 82nd Regular

Texas Senate Bill SB1688

Voted on by Senate
 
Out of House Committee
 
Voted on by House
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the authority of the governor to grant one or more reprieves in a capital case.

Impact

Should SB1688 be enacted, it would significantly impact how capital punishment cases are managed within the state. By empowering the governor to provide multiple reprieves, it could lead to a more cautious and deliberative process regarding executions. The proposed changes could reduce the likelihood of rushed decisions in capital cases and potentially provide more time for new evidence or considerations to emerge, which is critical given the irreversible nature of capital punishment. However, the bill's actual implementation hinges on voter approval of the accompanying constitutional amendment, thereby instilling a degree of uncertainty in its future.

Summary

SB1688 amends Article 48.01 of the Code of Criminal Procedure in Texas, focusing on the governor's authority to grant reprieves in capital cases. The bill specifically provides the governor the ability to grant one or more reprieves for a period not exceeding 30 days each. This change aims to introduce a more flexible approach to handle capital punishment cases and to allow for a more thorough review of such serious matters before a definitive action is taken. Furthermore, the implementation of this bill is contingent upon the approval of a constitutional amendment by voters, thereby linking it to a broader proposal regarding the governor's powers in relation to death penalty cases.

Sentiment

The sentiment surrounding SB1688 appears to be cautiously optimistic among its supporters, who view it as a necessary enhancement to the governor's authority in sensitive capital cases. Advocates argue that the ability to grant multiple reprieves provides an essential safeguard against potential miscarriages of justice. Conversely, there are concerns from some critics who fear that this could lead to delays in justice, potentially jeopardizing the judicial process and undermining the severity of capital punishment. The overall discourse blends a mixture of support for more humane handling of capital cases against the backdrop of maintaining an efficient justice system.

Contention

The key point of contention regarding SB1688 is its requirement for voter approval linked to the constitutional amendment. This facet raises debates about the appropriateness of placing such authority in the hands of voters, who may not be fully informed about the implications of their decision. Critics argue that this could introduce populist influences into what should be a judicially-minded decision-making process. Additionally, some legislators express apprehension around whether this would ultimately serve justice or simply draw out lengthy legal processes, thereby complicating the already intricate nature of capital punishment cases.

Companion Bills

TX SJR44

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

Similar Bills

No similar bills found.