87R4999 MCF-D
By: White H.B. No. 1894
A BILL TO BE ENTITLED
AN ACT
relating to a clemency review of certain felony offenders by the
Board of Pardons and Paroles.
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 FOR CERTAIN FELONIES. (a) In
this article, "board" means the Board of Pardons and Paroles.
(b) The board shall review each person described by
Subsection (c) to identify appropriate persons to recommend to the
governor for purposes of granting clemency.
(c) Except as provided by Subsection (d), a person is
entitled to review under this article if:
(1) the person was convicted of or placed on deferred
adjudication community supervision for a state jail felony or a
felony of the third degree;
(2) a period of not less than 20 years has elapsed from
the date, as applicable:
(A) the person's sentence for the offense
described by Subdivision (1) was finally discharged; or
(B) the person received a dismissal and discharge
under Article 42A.111 for the offense described by Subdivision (1);
and
(3) during the period described by Subdivision (2),
the person has not been convicted of any offense other than an
offense punishable by fine only.
(d) The board may exclude from the review required by this
article persons described by Subsection (c) who were convicted of
or placed on deferred adjudication for certain offenses for which
the board considers clemency inappropriate, such as:
(1) sexual offenses;
(2) offenses involving family violence, as defined by
Section 71.004, Family Code; or
(3) offenses involving a victim who was a child, an
elderly individual, or a disabled individual at the time of the
offense.
(e) The board shall develop a plan to implement the review
required by this article. The plan must require that, not later
than:
(1) September 1, 2028, the board review the state jail
felony convictions of persons entitled to review under this article
as of September 1, 2021;
(2) September 1, 2035, the board review the third
degree felony convictions of persons entitled to review under this
article as of September 1, 2028; and
(3) September 1, 2042, the board review the deferred
adjudication community supervision of persons entitled to review
under this article as of September 1, 2035.
(f) This subsection and Subsection (e) expire September 1,
2043.
SECTION 2. This Act takes effect September 1, 2021.