86R12096 JG-D
By: Zaffirini S.B. No. 2148
A BILL TO BE ENTITLED
AN ACT
relating to the review of clemency applications from certain
persons who were victims of human trafficking or family violence.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 48, Code of Criminal Procedure, is
amended by adding Article 48.015 to read as follows:
Art. 48.015. CLEMENCY REVIEW PANEL FOR CERTAIN OFFENSES.
(a) In this article:
(1) "Board" means the Board of Pardons and Paroles.
(2) "Family violence" has the meaning assigned by
Section 71.004, Family Code.
(b) The board, in consultation with the governor, shall
appoint a panel of experts to review an application for clemency
submitted under this article from a person who was convicted of an
offense committed while under duress or coercion as a result of
being the victim of an offense under Chapter 20A, Penal Code, or an
offense punishable under Section 22.01(b)(2), Penal Code.
(c) The panel consists of the following members:
(1) a person who is a survivor of an offense under
Chapter 20A, Penal Code, or an offense punishable under Section
22.01(b)(2), Penal Code, and who has previous involvement in the
criminal justice system as a result of one or more of those
offenses;
(2) a behavioral health care specialist who represents
the interests of survivors of human trafficking or family violence;
(3) a social worker licensed in this state who has
experience in counseling survivors of human trafficking or family
violence;
(4) a representative of:
(A) the Department of State Health Services who
has experience in preventing, identifying, and responding to human
trafficking and family violence and who is familiar with the
resources and services available for survivors of human trafficking
or family violence;
(B) the Department of Family and Protective
Services who has experience in child protective services or foster
care;
(C) the human trafficking prevention task force
established under Section 402.035, Government Code;
(D) the Texas Juvenile Justice Department who has
experience in identifying youth survivors of human trafficking or
family violence;
(E) a local law enforcement agency that has
specialized intervention policies for identifying survivors of
human trafficking or family violence; and
(F) an advocacy organization that has experience
in developing trauma-informed interventions and collaborative
partnerships with representatives of survivors of human
trafficking or family violence;
(5) a current or former prosecutor who has experience
in prosecuting cases involving human trafficking or family
violence;
(6) a current or former defense attorney who has
experience representing survivors of human trafficking or family
violence; and
(7) a member of the board who has experience in
addressing the needs of survivors of human trafficking or family
violence.
(d) In appointing a member described by Subsection (c)(2),
the board shall give priority to a specialist who has experience in
developing or administering a screening tool for survivors of human
trafficking or family violence.
(e) The board, in consultation with the panel, shall develop
an application process and form for persons described by Subsection
(b) to apply for clemency. The board shall publish the application
form on the board's Internet website. An application for clemency
may include written recommendations from a majority of trial
officials, as defined by rule by the board, currently serving in the
county in which the person was convicted.
(f) On receipt of an application for clemency under this
article, the board shall immediately submit the application to the
panel for review. The panel shall review the application and, not
later than six months after the date the panel received the
application, advise the board on making a recommendation to the
governor regarding whether to grant clemency to the applicant.
SECTION 2. Not later than December 1, 2019, the Board of
Pardons and Paroles, in consultation with the governor, shall
appoint the panel described by Article 48.015, Code of Criminal
Procedure, as added by this Act.
SECTION 3. This Act takes effect September 1, 2019.