| 1 | 1 | | 87R4999 MCF-D |
|---|
| 2 | 2 | | By: White H.B. No. 1894 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to a clemency review of certain felony offenders by the |
|---|
| 8 | 8 | | Board of Pardons and Paroles. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. Chapter 48, Code of Criminal Procedure, is |
|---|
| 11 | 11 | | amended by adding Article 48.015 to read as follows: |
|---|
| 12 | 12 | | Art. 48.015. CLEMENCY REVIEW FOR CERTAIN FELONIES. (a) In |
|---|
| 13 | 13 | | this article, "board" means the Board of Pardons and Paroles. |
|---|
| 14 | 14 | | (b) The board shall review each person described by |
|---|
| 15 | 15 | | Subsection (c) to identify appropriate persons to recommend to the |
|---|
| 16 | 16 | | governor for purposes of granting clemency. |
|---|
| 17 | 17 | | (c) Except as provided by Subsection (d), a person is |
|---|
| 18 | 18 | | entitled to review under this article if: |
|---|
| 19 | 19 | | (1) the person was convicted of or placed on deferred |
|---|
| 20 | 20 | | adjudication community supervision for a state jail felony or a |
|---|
| 21 | 21 | | felony of the third degree; |
|---|
| 22 | 22 | | (2) a period of not less than 20 years has elapsed from |
|---|
| 23 | 23 | | the date, as applicable: |
|---|
| 24 | 24 | | (A) the person's sentence for the offense |
|---|
| 25 | 25 | | described by Subdivision (1) was finally discharged; or |
|---|
| 26 | 26 | | (B) the person received a dismissal and discharge |
|---|
| 27 | 27 | | under Article 42A.111 for the offense described by Subdivision (1); |
|---|
| 28 | 28 | | and |
|---|
| 29 | 29 | | (3) during the period described by Subdivision (2), |
|---|
| 30 | 30 | | the person has not been convicted of any offense other than an |
|---|
| 31 | 31 | | offense punishable by fine only. |
|---|
| 32 | 32 | | (d) The board may exclude from the review required by this |
|---|
| 33 | 33 | | article persons described by Subsection (c) who were convicted of |
|---|
| 34 | 34 | | or placed on deferred adjudication for certain offenses for which |
|---|
| 35 | 35 | | the board considers clemency inappropriate, such as: |
|---|
| 36 | 36 | | (1) sexual offenses; |
|---|
| 37 | 37 | | (2) offenses involving family violence, as defined by |
|---|
| 38 | 38 | | Section 71.004, Family Code; or |
|---|
| 39 | 39 | | (3) offenses involving a victim who was a child, an |
|---|
| 40 | 40 | | elderly individual, or a disabled individual at the time of the |
|---|
| 41 | 41 | | offense. |
|---|
| 42 | 42 | | (e) The board shall develop a plan to implement the review |
|---|
| 43 | 43 | | required by this article. The plan must require that, not later |
|---|
| 44 | 44 | | than: |
|---|
| 45 | 45 | | (1) September 1, 2028, the board review the state jail |
|---|
| 46 | 46 | | felony convictions of persons entitled to review under this article |
|---|
| 47 | 47 | | as of September 1, 2021; |
|---|
| 48 | 48 | | (2) September 1, 2035, the board review the third |
|---|
| 49 | 49 | | degree felony convictions of persons entitled to review under this |
|---|
| 50 | 50 | | article as of September 1, 2028; and |
|---|
| 51 | 51 | | (3) September 1, 2042, the board review the deferred |
|---|
| 52 | 52 | | adjudication community supervision of persons entitled to review |
|---|
| 53 | 53 | | under this article as of September 1, 2035. |
|---|
| 54 | 54 | | (f) This subsection and Subsection (e) expire September 1, |
|---|
| 55 | 55 | | 2043. |
|---|
| 56 | 56 | | SECTION 2. This Act takes effect September 1, 2021. |
|---|