Texas Senate Bill SB1483

Texas 2021 - 87th Regular

Caption

Relating to the review of clemency applications from certain persons who were victims of human trafficking or family violence.

Impact

The implementation of SB1483 could significantly change how clemency applications are processed in Texas, particularly for vulnerable individuals who have faced severe circumstances. The Board of Pardons and Paroles is required to develop a standardized process and application form. This process will facilitate the review of cases where individuals claim to have acted under extreme duress due to human trafficking or domestic violence. The board must also make a recommendation to the Governor regarding clemency within six months of application receipt, which could expedite the clemency process for these individuals.

Summary

Senate Bill 1483 establishes a formal process for reviewing clemency applications specifically for individuals who were victims of human trafficking or family violence at the time of their offense. The bill aims to address the unique circumstances of these victims, recognizing that they may have committed crimes under coercion, duress, or fraud. By amending Chapter 48 of the Code of Criminal Procedure, the bill introduces Article 48.015, which outlines the procedure for victims to apply for clemency.

Contention

While SB1483 takes a step towards acknowledging the complexities surrounding offenses committed by victims of human trafficking and family violence, there may be contention regarding its implementation. Concerns could arise around the criteria set forth for determining eligibility for clemency and the possible burden placed on the Board of Pardons and Paroles to develop the review process. Stakeholders might debate the adequacy of guidelines and the potential for misuse, as well as the overall effectiveness of clemency as a remedy for justice system failings related to vulnerable populations.