88R12036 BDP-D
By: Moody H.B. No. 156
A BILL TO BE ENTITLED
AN ACT
relating to hearings by the Board of Pardons and Paroles regarding
clemency matters.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 48, Code of Criminal Procedure, is
amended by adding Article 48.011 to read as follows:
Art. 48.011. HEARING BY BOARD OF PARDONS AND PAROLES IN
CAPITAL CASE. (a) In a capital case, the members of the Board of
Pardons and Paroles shall perform the members' duties in clemency
matters by meeting in person or by participating in a telephone
conference call, as provided by Section 551.124, Government Code,
or a videoconference call, as provided by Section 551.127,
Government Code.
(b) Regardless of whether board members meet in person or
participate in a telephone conference call or videoconference call,
the attorney or other person representing the inmate and any person
representing the family of the victim may appear in person or be
present on the telephone conference call or videoconference call,
as applicable, to make a presentation on the clemency matter. The
board may limit the number of persons who may make a presentation
and may prohibit any person other than a board member from being
heard. A hearing under this article is not subject to the
requirement of Section 551.002, Government Code, that the hearing
be open to the public.
(c) A hearing conducted in person shall be held at the
correctional facility where the inmate is confined. The inmate
must be allowed to appear in person or be present on the telephone
conference call or videoconference call, as applicable, unless
there is an overriding security issue.
(d) The board may deliberate privately after holding a
hearing under this article, but at the conclusion of deliberations,
the presiding officer shall announce publicly each member's
decision regarding whether to recommend clemency. Each member
shall sign the member's name with the member's written
recommendation and reasons, if any, for the recommendation.
(e) The board shall adopt rules as necessary to implement
the requirements of this article.
SECTION 2. Section 508.047(b), Government Code, is amended
to read as follows:
(b) Except as provided by Article 48.011, Code of Criminal
Procedure, and Section 551.124 of this code, the [The] members of
the board are not required to meet as a body to perform the members'
duties in clemency matters.
SECTION 3. Section 551.080, Government Code, is amended to
read as follows:
Sec. 551.080. BOARD OF PARDONS AND PAROLES. This chapter
does not require the Board of Pardons and Paroles to conduct an open
meeting to:
(1) interview or counsel an inmate of the Texas
Department of Criminal Justice; or
(2) consider a clemency matter in a capital case under
Article 48.011, Code of Criminal Procedure.
SECTION 4. Section 551.124, Government Code, is amended to
read as follows:
Sec. 551.124. BOARD OF PARDONS AND PAROLES. (a) At the
call of the presiding officer of the Board of Pardons and Paroles,
the board may hold a hearing on clemency matters by videoconference
call, as provided by Section 551.127, or by telephone conference
call.
(b) Sections 551.127(b), (c), and (e) do not apply to a
hearing by videoconference call held under this section.
(c) Section 551.127(a-3) applies to a hearing by
videoconference call held under this section, except that if audio
or video communication with a member is lost or disconnected during
the meeting, the board may continue the meeting only if a quorum of
the board continues to participate in the meeting.
SECTION 5. (a) The change in law made by this Act applies
only to a consideration by the Board of Pardons and Paroles
regarding a clemency matter filed on or after June 1, 2024, in a
capital case. A consideration regarding a clemency matter filed
before June 1, 2024, in a capital case is governed by the law in
effect immediately before the effective date of this Act, and the
former law is continued in effect for that purpose.
(b) Not later than June 1, 2024, the Board of Pardons and
Paroles shall adopt the rules required by Article 48.011(e), Code
of Criminal Procedure, as added by this Act.
SECTION 6. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2023.