Texas 2021 - 87th Regular

Texas Senate Bill SB685 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R3248 JRR-D
2	2	By: Lucio S.B. No. 685
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to hearings by the Board of Pardons and Paroles regarding
8	8	clemency matters.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 508.047(b), Government Code, is amended
11	11	to read as follows:
12	12	(b) Except as provided by Article 48.011, Code of Criminal
13	13	Procedure, and Section 551.124 of this code, the [The] members of
14	14	the board are not required to meet as a body to perform the members'
15	15	duties in clemency matters.
16	16	SECTION 2. Section 551.080, Government Code, is amended to
17	17	read as follows:
18	18	Sec. 551.080. BOARD OF PARDONS AND PAROLES. This chapter
19	19	does not require the Board of Pardons and Paroles to conduct an open
20	20	meeting to:
21	21	(1) interview or counsel an inmate of the Texas
22	22	Department of Criminal Justice; or
23	23	(2) consider a clemency matter in a capital case under
24	24	Article 48.011, Code of Criminal Procedure.
25	25	SECTION 3. Section 551.124, Government Code, is amended to
26	26	read as follows:
27	27	Sec. 551.124. BOARD OF PARDONS AND PAROLES. (a) At the
28	28	call of the presiding officer of the Board of Pardons and Paroles,
29	29	the board may hold a hearing on clemency matters by videoconference
30	30	call, as provided by Section 551.127, or by telephone conference
31	31	call.
32	32	(b) Sections 551.127(b), (c), and (e) do not apply to a
33	33	hearing by videoconference call held under this section.
34	34	(c) Section 551.127(a-3) applies to a hearing by
35	35	videoconference call held under this section, except that if audio
36	36	or video communication with a member is lost or disconnected during
37	37	the meeting, the board may continue the meeting only if a quorum of
38	38	the board continues to participate in the meeting.
39	39	SECTION 4. Chapter 48, Code of Criminal Procedure, is
40	40	amended by adding Article 48.011 to read as follows:
41	41	Art. 48.011. HEARING BY BOARD OF PARDONS AND PAROLES IN
42	42	CAPITAL CASE. (a) In a capital case, the members of the Board of
43	43	Pardons and Paroles shall perform the members' duties in clemency
44	44	matters by meeting in person or by participating in a telephone
45	45	conference call, as provided by Section 551.124, Government Code,
46	46	or a videoconference call, as provided by Section 551.127,
47	47	Government Code.
48	48	(b) Regardless of whether board members meet in person or
49	49	participate in a telephone conference call or videoconference call,
50	50	the attorney or other person representing the inmate and any person
51	51	representing the family of the victim may appear in person or be
52	52	present on the telephone conference call or videoconference call,
53	53	as applicable, to make a presentation on the clemency matter. The
54	54	board may limit the number of persons who may make a presentation
55	55	and may prohibit any person other than a board member from being
56	56	heard. A hearing under this article is not subject to the
57	57	requirement of Section 551.002, Government Code, that the hearing
58	58	be open to the public.
59	59	(c) A hearing conducted in person shall be held at the
60	60	correctional facility where the inmate is confined. The inmate
61	61	must be allowed to appear in person or be present on the telephone
62	62	conference call or videoconference call, as applicable, unless
63	63	there is an overriding security issue.
64	64	(d) The board may deliberate privately after holding a
65	65	hearing under this article, but at the conclusion of deliberations,
66	66	the presiding officer shall announce publicly each member's
67	67	decision regarding whether to recommend clemency. Each member
68	68	shall sign the member's name with the member's written
69	69	recommendation and reasons, if any, for the recommendation.
70	70	(e) The board shall adopt rules as necessary to implement
71	71	the requirements of this article.
72	72	SECTION 5. (a) The change in law made by this Act applies
73	73	only to a consideration by the Board of Pardons and Paroles
74	74	regarding a clemency matter filed on or after June 1, 2022, in a
75	75	capital case. A consideration regarding a clemency matter filed
76	76	before June 1, 2022, in a capital case is governed by the law in
77	77	effect on the date the clemency matter was filed, and the former law
78	78	is continued in effect for that purpose.
79	79	(b) Not later than June 1, 2022, the Board of Pardons and
80	80	Paroles shall adopt the rules required by Article 48.011(e), Code
81	81	of Criminal Procedure, as added by this Act.
82	82	SECTION 6. This Act takes effect immediately if it receives
83	83	a vote of two-thirds of all the members elected to each house, as
84	84	provided by Section 39, Article III, Texas Constitution. If this
85	85	Act does not receive the vote necessary for immediate effect, this
86	86	Act takes effect September 1, 2021.