Bill Text: TX HB3078 | 2019-2020 | 86th Legislature | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the review of clemency applications from certain persons who were victims of human trafficking or family violence.

Spectrum: Bipartisan Bill

Status: (Vetoed) 2019-06-15 - Vetoed by the Governor [HB3078 Detail]

Download: Texas-2019-HB3078-Comm_Sub.html
  86R12096 JG-D
 
  By: Thompson of Harris, Moody, Parker, White, H.B. No. 3078
      Allen, et al.
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the review of clemency applications from certain
  persons who were victims of human trafficking or family violence.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 48, Code of Criminal Procedure, is
  amended by adding Article 48.015 to read as follows:
         Art. 48.015.  CLEMENCY REVIEW PANEL FOR CERTAIN OFFENSES.
  (a) In this article:
               (1)  "Board" means the Board of Pardons and Paroles.
               (2)  "Family violence" has the meaning assigned by
  Section 71.004, Family Code.
         (b)  The board, in consultation with the governor, shall
  appoint a panel of experts to review an application for clemency
  submitted under this article from a person who was convicted of an
  offense committed while under duress or coercion as a result of
  being the victim of an offense under Chapter 20A, Penal Code, or an
  offense punishable under Section 22.01(b)(2), Penal Code.
         (c)  The panel consists of the following members:
               (1)  a person who is a survivor of an offense under
  Chapter 20A, Penal Code, or an offense punishable under Section
  22.01(b)(2), Penal Code, and who has previous involvement in the
  criminal justice system as a result of one or more of those
  offenses;
               (2)  a behavioral health care specialist who represents
  the interests of survivors of human trafficking or family violence;
               (3)  a social worker licensed in this state who has
  experience in counseling survivors of human trafficking or family
  violence;
               (4)  a representative of:
                     (A)  the Department of State Health Services who
  has experience in preventing, identifying, and responding to human
  trafficking and family violence and who is familiar with the
  resources and services available for survivors of human trafficking
  or family violence;
                     (B)  the Department of Family and Protective
  Services who has experience in child protective services or foster
  care;
                     (C)  the human trafficking prevention task force
  established under Section 402.035, Government Code;
                     (D)  the Texas Juvenile Justice Department who has
  experience in identifying youth survivors of human trafficking or
  family violence;
                     (E)  a local law enforcement agency that has
  specialized intervention policies for identifying survivors of
  human trafficking or family violence; and
                     (F)  an advocacy organization that has experience
  in developing trauma-informed interventions and collaborative
  partnerships with representatives of survivors of human
  trafficking or family violence;
               (5)  a current or former prosecutor who has experience
  in prosecuting cases involving human trafficking or family
  violence;
               (6)  a current or former defense attorney who has
  experience representing survivors of human trafficking or family
  violence; and
               (7)  a member of the board who has experience in
  addressing the needs of survivors of human trafficking or family
  violence.
         (d)  In appointing a member described by Subsection (c)(2),
  the board shall give priority to a specialist who has experience in
  developing or administering a screening tool for survivors of human
  trafficking or family violence.
         (e)  The board, in consultation with the panel, shall develop
  an application process and form for persons described by Subsection
  (b) to apply for clemency. The board shall publish the application
  form on the board's Internet website. An application for clemency
  may include written recommendations from a majority of trial
  officials, as defined by rule by the board, currently serving in the
  county in which the person was convicted.
         (f)  On receipt of an application for clemency under this
  article, the board shall immediately submit the application to the
  panel for review. The panel shall review the application and, not
  later than six months after the date the panel received the
  application, advise the board on making a recommendation to the
  governor regarding whether to grant clemency to the applicant.
         SECTION 2.  Not later than December 1, 2019, the Board of
  Pardons and Paroles, in consultation with the governor, shall
  appoint the panel described by Article 48.015, Code of Criminal
  Procedure, as added by this Act.
         SECTION 3.  This Act takes effect September 1, 2019.
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