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AN ACT
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relating to allowing a person who successfully completes a term of |
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deferred adjudication community supervision to be eligible for a |
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pardon. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 48.01, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 48.01. GOVERNOR MAY PARDON. (a) In all criminal |
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cases, except treason and impeachment, the Governor shall have |
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power, after conviction or successful completion of a term of |
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deferred adjudication community supervision, on the written signed |
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recommendation and advice of the Board of Pardons and Paroles, or a |
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majority thereof, to grant reprieves and commutations of |
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punishments and pardons; and upon the written recommendation and |
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advice of a majority of the Board of Pardons and Paroles, he shall |
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have the power to remit fines and forfeitures. The Governor shall |
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have the power to grant one reprieve in any capital case for a |
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period not to exceed 30 days; and he shall have power to revoke |
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conditional pardons. With the advice and consent of the |
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Legislature, the Governor may grant reprieves, commutations of |
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punishment and pardons in cases of treason. |
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(b) The Board of Pardons and Paroles may recommend that the |
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Governor grant a pardon to a person who: |
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(1) is placed on deferred adjudication community |
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supervision under Section 5, Article 42.12, and subsequently |
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receives a discharge and dismissal under Section 5(c) of that |
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article; and |
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(2) on or after the 10th anniversary of the date of |
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discharge and dismissal, submits a written request to the board for |
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a recommendation under this subsection. |
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SECTION 2. This Act takes effect January 1, 2012, but only |
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if the constitutional amendment proposed by the 82nd Legislature, |
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Regular Session, 2011, authorizing the governor to grant a pardon |
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to a person who successfully completes a term of deferred |
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adjudication community supervision is approved by the voters. If |
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that amendment is not approved by the voters, this Act has no |
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effect. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 144 passed the Senate on |
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March 23, 2011, by the following vote: Yeas 31, Nays 0; |
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May 25, 2011, Senate refused to concur in House amendment and |
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requested appointment of Conference Committee; May 26, 2011, House |
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granted request of the Senate; May 28, 2011, Senate adopted |
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Conference Committee Report by the following vote: Yeas 31, |
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Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 144 passed the House, with |
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amendment, on May 23, 2011, by the following vote: Yeas 142, |
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Nays 0, one present not voting; May 26, 2011, House granted request |
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of the Senate for appointment of Conference Committee; |
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May 28, 2011, House adopted Conference Committee Report by the |
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following vote: Yeas 145, Nays 0, two present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |