Texas 2023 - 88th Regular

Texas House Bill HB156 Compare Versions

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Version 2 (New)

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1	1	88R12036 BDP-D
2	2	By: Moody H.B. No. 156
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. Chapter 48, Code of Criminal Procedure, is
11	11	amended by adding Article 48.011 to read as follows:
12	12	Art. 48.011. HEARING BY BOARD OF PARDONS AND PAROLES IN
13	13	CAPITAL CASE. (a) In a capital case, the members of the Board of
14	14	Pardons and Paroles shall perform the members' duties in clemency
15	15	matters by meeting in person or by participating in a telephone
16	16	conference call, as provided by Section 551.124, Government Code,
17	17	or a videoconference call, as provided by Section 551.127,
18	18	Government Code.
19	19	(b) Regardless of whether board members meet in person or
20	20	participate in a telephone conference call or videoconference call,
21	21	the attorney or other person representing the inmate and any person
22	22	representing the family of the victim may appear in person or be
23	23	present on the telephone conference call or videoconference call,
24	24	as applicable, to make a presentation on the clemency matter. The
25	25	board may limit the number of persons who may make a presentation
26	26	and may prohibit any person other than a board member from being
27	27	heard. A hearing under this article is not subject to the
28	28	requirement of Section 551.002, Government Code, that the hearing
29	29	be open to the public.
30	30	(c) A hearing conducted in person shall be held at the
31	31	correctional facility where the inmate is confined. The inmate
32	32	must be allowed to appear in person or be present on the telephone
33	33	conference call or videoconference call, as applicable, unless
34	34	there is an overriding security issue.
35	35	(d) The board may deliberate privately after holding a
36	36	hearing under this article, but at the conclusion of deliberations,
37	37	the presiding officer shall announce publicly each member's
38	38	decision regarding whether to recommend clemency. Each member
39	39	shall sign the member's name with the member's written
40	40	recommendation and reasons, if any, for the recommendation.
41	41	(e) The board shall adopt rules as necessary to implement
42	42	the requirements of this article.
43	43	SECTION 2. Section 508.047(b), Government Code, is amended
44	44	to read as follows:
45	45	(b) Except as provided by Article 48.011, Code of Criminal
46	46	Procedure, and Section 551.124 of this code, the [The] members of
47	47	the board are not required to meet as a body to perform the members'
48	48	duties in clemency matters.
49	49	SECTION 3. Section 551.080, Government Code, is amended to
50	50	read as follows:
51	51	Sec. 551.080. BOARD OF PARDONS AND PAROLES. This chapter
52	52	does not require the Board of Pardons and Paroles to conduct an open
53	53	meeting to:
54	54	(1) interview or counsel an inmate of the Texas
55	55	Department of Criminal Justice; or
56	56	(2) consider a clemency matter in a capital case under
57	57	Article 48.011, Code of Criminal Procedure.
58	58	SECTION 4. Section 551.124, Government Code, is amended to
59	59	read as follows:
60	60	Sec. 551.124. BOARD OF PARDONS AND PAROLES. (a) At the
61	61	call of the presiding officer of the Board of Pardons and Paroles,
62	62	the board may hold a hearing on clemency matters by videoconference
63	63	call, as provided by Section 551.127, or by telephone conference
64	64	call.
65	65	(b) Sections 551.127(b), (c), and (e) do not apply to a
66	66	hearing by videoconference call held under this section.
67	67	(c) Section 551.127(a-3) applies to a hearing by
68	68	videoconference call held under this section, except that if audio
69	69	or video communication with a member is lost or disconnected during
70	70	the meeting, the board may continue the meeting only if a quorum of
71	71	the board continues to participate in the meeting.
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, 2024, in a
75	75	capital case. A consideration regarding a clemency matter filed
76	76	before June 1, 2024, in a capital case is governed by the law in
77	77	effect immediately before the effective date of this Act, and the
78	78	former law is continued in effect for that purpose.
79	79	(b) Not later than June 1, 2024, 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, 2023.