| 1 | 1 | | 86R12096 JG-D |
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| 2 | 2 | | By: Zaffirini S.B. No. 2148 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the review of clemency applications from certain |
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| 8 | 8 | | persons who were victims of human trafficking or family violence. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Chapter 48, Code of Criminal Procedure, is |
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| 11 | 11 | | amended by adding Article 48.015 to read as follows: |
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| 12 | 12 | | Art. 48.015. CLEMENCY REVIEW PANEL FOR CERTAIN OFFENSES. |
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| 13 | 13 | | (a) In this article: |
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| 14 | 14 | | (1) "Board" means the Board of Pardons and Paroles. |
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| 15 | 15 | | (2) "Family violence" has the meaning assigned by |
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| 16 | 16 | | Section 71.004, Family Code. |
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| 17 | 17 | | (b) The board, in consultation with the governor, shall |
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| 18 | 18 | | appoint a panel of experts to review an application for clemency |
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| 19 | 19 | | submitted under this article from a person who was convicted of an |
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| 20 | 20 | | offense committed while under duress or coercion as a result of |
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| 21 | 21 | | being the victim of an offense under Chapter 20A, Penal Code, or an |
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| 22 | 22 | | offense punishable under Section 22.01(b)(2), Penal Code. |
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| 23 | 23 | | (c) The panel consists of the following members: |
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| 24 | 24 | | (1) a person who is a survivor of an offense under |
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| 25 | 25 | | Chapter 20A, Penal Code, or an offense punishable under Section |
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| 26 | 26 | | 22.01(b)(2), Penal Code, and who has previous involvement in the |
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| 27 | 27 | | criminal justice system as a result of one or more of those |
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| 28 | 28 | | offenses; |
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| 29 | 29 | | (2) a behavioral health care specialist who represents |
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| 30 | 30 | | the interests of survivors of human trafficking or family violence; |
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| 31 | 31 | | (3) a social worker licensed in this state who has |
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| 32 | 32 | | experience in counseling survivors of human trafficking or family |
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| 33 | 33 | | violence; |
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| 34 | 34 | | (4) a representative of: |
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| 35 | 35 | | (A) the Department of State Health Services who |
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| 36 | 36 | | has experience in preventing, identifying, and responding to human |
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| 37 | 37 | | trafficking and family violence and who is familiar with the |
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| 38 | 38 | | resources and services available for survivors of human trafficking |
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| 39 | 39 | | or family violence; |
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| 40 | 40 | | (B) the Department of Family and Protective |
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| 41 | 41 | | Services who has experience in child protective services or foster |
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| 42 | 42 | | care; |
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| 43 | 43 | | (C) the human trafficking prevention task force |
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| 44 | 44 | | established under Section 402.035, Government Code; |
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| 45 | 45 | | (D) the Texas Juvenile Justice Department who has |
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| 46 | 46 | | experience in identifying youth survivors of human trafficking or |
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| 47 | 47 | | family violence; |
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| 48 | 48 | | (E) a local law enforcement agency that has |
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| 49 | 49 | | specialized intervention policies for identifying survivors of |
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| 50 | 50 | | human trafficking or family violence; and |
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| 51 | 51 | | (F) an advocacy organization that has experience |
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| 52 | 52 | | in developing trauma-informed interventions and collaborative |
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| 53 | 53 | | partnerships with representatives of survivors of human |
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| 54 | 54 | | trafficking or family violence; |
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| 55 | 55 | | (5) a current or former prosecutor who has experience |
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| 56 | 56 | | in prosecuting cases involving human trafficking or family |
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| 57 | 57 | | violence; |
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| 58 | 58 | | (6) a current or former defense attorney who has |
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| 59 | 59 | | experience representing survivors of human trafficking or family |
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| 60 | 60 | | violence; and |
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| 61 | 61 | | (7) a member of the board who has experience in |
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| 62 | 62 | | addressing the needs of survivors of human trafficking or family |
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| 63 | 63 | | violence. |
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| 64 | 64 | | (d) In appointing a member described by Subsection (c)(2), |
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| 65 | 65 | | the board shall give priority to a specialist who has experience in |
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| 66 | 66 | | developing or administering a screening tool for survivors of human |
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| 67 | 67 | | trafficking or family violence. |
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| 68 | 68 | | (e) The board, in consultation with the panel, shall develop |
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| 69 | 69 | | an application process and form for persons described by Subsection |
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| 70 | 70 | | (b) to apply for clemency. The board shall publish the application |
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| 71 | 71 | | form on the board's Internet website. An application for clemency |
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| 72 | 72 | | may include written recommendations from a majority of trial |
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| 73 | 73 | | officials, as defined by rule by the board, currently serving in the |
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| 74 | 74 | | county in which the person was convicted. |
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| 75 | 75 | | (f) On receipt of an application for clemency under this |
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| 76 | 76 | | article, the board shall immediately submit the application to the |
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| 77 | 77 | | panel for review. The panel shall review the application and, not |
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| 78 | 78 | | later than six months after the date the panel received the |
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| 79 | 79 | | application, advise the board on making a recommendation to the |
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| 80 | 80 | | governor regarding whether to grant clemency to the applicant. |
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| 81 | 81 | | SECTION 2. Not later than December 1, 2019, the Board of |
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| 82 | 82 | | Pardons and Paroles, in consultation with the governor, shall |
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| 83 | 83 | | appoint the panel described by Article 48.015, Code of Criminal |
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| 84 | 84 | | Procedure, as added by this Act. |
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| 85 | 85 | | SECTION 3. This Act takes effect September 1, 2019. |
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