| 1 | 1 | | By: Moody H.B. No. 259 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to hearings by the Board of Pardons and Paroles regarding |
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| 7 | 7 | | clemency matters. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 508.047(b), Government Code, is amended |
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| 10 | 10 | | to read as follows: |
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| 11 | 11 | | (b) Except as provided by Article 48.011, Code of Criminal |
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| 12 | 12 | | Procedure, and Section 551.124, the [The] members of the board are |
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| 13 | 13 | | not required to meet as a body to perform the members' duties in |
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| 14 | 14 | | clemency matters. |
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| 15 | 15 | | SECTION 2. Section 551.124, Government Code, is amended to |
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| 16 | 16 | | read as follows: |
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| 17 | 17 | | Sec. 551.124. BOARD OF PARDONS AND PAROLES. At the call of |
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| 18 | 18 | | the presiding officer of the Board of Pardons and Paroles, the board |
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| 19 | 19 | | may hold a hearing on clemency matters by videoconference call, as |
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| 20 | 20 | | provided by Section 551.127, or by telephone conference call. |
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| 21 | 21 | | Sections 551.127(b) and (c) do not apply to a hearing by |
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| 22 | 22 | | videoconference call held under this section, and the notice |
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| 23 | 23 | | required by Section 551.127(e) is not required to specify the |
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| 24 | 24 | | intent to have a quorum or a majority of a quorum physically present |
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| 25 | 25 | | at a hearing location. |
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| 26 | 26 | | SECTION 3. Chapter 48, Code of Criminal Procedure, is |
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| 27 | 27 | | amended by adding Article 48.011 to read as follows: |
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| 28 | 28 | | Art. 48.011. HEARING BY BOARD OF PARDONS AND PAROLES IN |
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| 29 | 29 | | CAPITAL CASE. (a) In a capital case, the members of the Board of |
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| 30 | 30 | | Pardons and Paroles shall perform the members' duties in clemency |
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| 31 | 31 | | matters by meeting in person or by participating in a telephone |
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| 32 | 32 | | conference call, as provided by Section 551.124, Government Code, |
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| 33 | 33 | | or a videoconference call, as provided by Section 551.127, |
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| 34 | 34 | | Government Code. |
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| 35 | 35 | | (b) Regardless of whether board members meet in person or |
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| 36 | 36 | | participate in a telephone conference call or videoconference call, |
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| 37 | 37 | | the attorney or other person representing the inmate and any person |
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| 38 | 38 | | representing the family of the victim may appear in person or be |
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| 39 | 39 | | present on the telephone conference call or videoconference call, |
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| 40 | 40 | | as applicable, to make a presentation on the clemency matter. The |
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| 41 | 41 | | board may limit the number of persons who may make a presentation |
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| 42 | 42 | | and may prohibit any person other than a board member from being |
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| 43 | 43 | | heard. A hearing under this article is not subject to the |
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| 44 | 44 | | requirement of Section 551.002, Government Code, that the hearing |
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| 45 | 45 | | be open to the public. |
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| 46 | 46 | | (c) A hearing conducted in person shall be held at the |
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| 47 | 47 | | correctional facility where the inmate is housed. The inmate must |
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| 48 | 48 | | be allowed to appear in person or be present on the telephone |
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| 49 | 49 | | conference call or videoconference call, as applicable, unless |
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| 50 | 50 | | there is an overriding security issue. |
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| 51 | 51 | | (d) The board may deliberate privately after holding a |
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| 52 | 52 | | hearing under this article, but at the conclusion of deliberations, |
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| 53 | 53 | | the presiding officer shall announce publicly each member's |
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| 54 | 54 | | decision regarding whether to recommend clemency. Each member shall |
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| 55 | 55 | | sign the member's name with the member's written recommendation and |
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| 56 | 56 | | reasons, if any, for the recommendation. |
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| 57 | 57 | | (e) The board shall adopt rules as necessary to implement |
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| 58 | 58 | | the requirements of this article. |
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| 59 | 59 | | SECTION 4. (a) The change in law made by this Act applies |
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| 60 | 60 | | only to a consideration by the Board of Pardons and Paroles |
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| 61 | 61 | | regarding a clemency matter filed after June 1, 2022, in a capital |
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| 62 | 62 | | case. A consideration regarding a clemency matter filed before June |
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| 63 | 63 | | 1, 2022, in a capital case is covered by the law in effect on the |
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| 64 | 64 | | date the clemency matter was filed, and the former law is continued |
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| 65 | 65 | | in effect for that purpose. |
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| 66 | 66 | | (b) The Board of Pardons and Paroles Policy Board shall |
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| 67 | 67 | | adopt the rules required by Article 48.011(e), Code of Criminal |
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| 68 | 68 | | Procedure, as added by this Act, not later than June 1, 2022. |
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| 69 | 69 | | SECTION 5. This Act takes effect immediately if it receives |
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| 70 | 70 | | a vote of two-thirds of all the members elected to each house, as |
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| 71 | 71 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 72 | 72 | | Act does not receive the vote necessary for immediate effect, this |
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| 73 | 73 | | Act takes effect September 1, 2021. |
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