HBA-JRA H.B. 398 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 398
By: Naishtat
Corrections
2/10/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, the Texas Board of Pardons and Paroles (board) does not have
statutory guidelines for deciding whether to recommend commutation of an
inmate's sentence of death.  H.B. 398 requires the board to consider
certain criteria when determining whether to recommend commutation to the
governor. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 48, Code of Criminal Procedure, by adding
Article 48.042, as follows: 

Art. 48.042.  CRITERIA FOR COMMUTING SENTENCE OF DEATH.  Requires the Board
of Pardons and Paroles to consider, when determining whether to recommend
to the governor commutation of an inmate's sentence of death, the validity
of any unresolved legal issues, including any remaining doubt as to the
inmate's guilt; the severity of the inmate's punishment relative to the
punishment of an equally or more culpable codefendant; the appropriateness
of mercy for its own sake considering the inmate's societal history;
support of commutation by officers of the court or family members of the
victim or inmate; whether the inmate was intoxicated at the time of the
offense; the culpable mental state with which the inmate committed the
offense; the inmate's mental and physical condition, disciplinary record,
rehabilitation, personal testimony, and any submission by the inmate's
counsel, in addition to other information determined relevant by the board. 

SECTION 2.  Effective date: September 1, 1999.

SECTION 3.  Emergency clause.