Georgia House of Representatives - 1995/1996 Sessions

HR 569 - Pardons and Paroles, State Board; eliminate - CA

Page Numbers - 1/ 2

1. Hembree  98th          2. Snelling  99th


House Comm: Judy       /                Senate Comm:            /                                   
House Vote: Yeas       Nays             Senate Vote: Yeas     Nays                                  
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               House          Action         Senate                                                 
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              3/15/95  Read 1st Time                                                                
              3/17/95  Read 2nd Time                                                                
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Code Sections amended:                                                                              


HR 569                                            LC 22 1671






                             A RESOLUTION

  1- 1  Proposing an amendment to the Constitution so as to
  1- 2  eliminate the State Board of Pardons and Paroles; to provide
  1- 3  that the power of executive clemency shall vest in the
  1- 4  Governor; to define the power of executive clemency; to
  1- 5  limit the power to grant a pardon or parole to certain
  1- 6  felony offenders; to provide for the submission of this
  1- 7  amendment for ratification or rejection; and for other
  1- 8  purposes.

  1- 9       BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

                         SECTION 1.

  1-10  Article IV of the Constitution is amended by striking
  1-11  Section II in its entirety and inserting in lieu thereof the
  1-12  following:

                        "SECTION II.
                         RESERVED"

                         SECTION 2.

  1-13  Article V of the Constitution is amended by inserting in
  1-14  Section II a new Paragraph to be designated Paragraph XI, to
  1-15  read as follows:

  1-16      "Paragraph XI. Executive clemency.  (a)  Except as
  1-17    otherwise provided in this Paragraph, the Governor shall
  1-18    be vested with the power of executive clemency.

  1-19        (b) The power of executive clemency shall include the
  1-20      power to remove disabilities imposed by law upon persons
  1-21      who have been convicted of a crime and the power to
  1-22      pardon any person convicted of a crime who is
  1-23      subsequently determined to be innocent of said crime.
  1-24      The Governor's authority to grant pardons to persons
  1-25      convicted of one or more felony offenses for such felony
  1-26      offenses is limited to persons who have been determined
  1-27      to be innocent of the crimes for which they were
  1-28      convicted.  The power of executive clemency shall not
  1-29      include the power to grant a parole or conditional
  1-30      release from incarceration for one or more felony
  1-31      offenses.  The Governor is authorized, at his or her


                                 -1- (Index)

                                                  LC 22 1671

  2- 1      discretion, to delegate the power of executive clemency
  2- 2      to the Attorney General."

                         SECTION 3.

  2- 3  The above proposed amendment to the Constitution shall be
  2- 4  published and submitted as provided in Article X, Section I,
  2- 5  Paragraph II of the Constitution.

  2- 6  The ballot submitting the above proposed amendment shall
  2- 7  have written or printed thereon the following:

  2- 8    "(  ) YES Shall the Constitution be amended so as to
  2- 9              eliminate the State Board of Pardons and
  2-10     (  ) NO  Paroles, vest the power of executive clemency
  2-11              in the Governor, eliminate parole for felony
  2-12              offenders, and limit pardons for felony
  2-13              offenders to those who are determined to be
  2-14              innocent?"

  2-15  All persons desiring to vote in favor of ratifying the
  2-16  proposed amendment shall vote "Yes."  All persons desiring
  2-17  to vote against ratifying the proposed amendment shall vote
  2-18  "No."

  2-19  If such amendment shall be ratified as provided in said
  2-20  Paragraph of the Constitution, it shall become a part of the
  2-21  Constitution of this state.























                                 -2- (Index)