Bill Summary – FastDemocracy

LR27CA                                                                                    LR27CA
                                                                                      2023
                               ONE HUNDRED EIGHTH LEGISLATURE
                                         FIRST SESSION
                  LEGISLATIVE RESOLUTION 27CA
                          PROPOSED CONSTITUTIONAL AMENDMENT
         Introduced by McKinney, 11.
         Read first time January 18, 2023
         Committee: Judiciary
         THE MEMBERS OF THE ONE HUNDRED EIGHTH LEGISLATURE OF NEBRASKA, FIRST
 SESSION, RESOLVE THAT:
         Section 1. At a special election to be held in conjunction with the
 statewide primary election in May 2024, the following proposed amendment
 to the Constitution of Nebraska shall be submitted to the electors of the
 State of Nebraska for approval or rejection:
         To amend Article IV, section 13:
         IV-13 (1) For purposes of this section, offense means any offense
 against the criminal laws of this state except treason and cases of
 impeachment.
         (2) The Legislature shall provide by law for the establishment of a
 Board of Parole and the qualifications of its members. Said board, or a
 majority thereof, shall have power to grant paroles after conviction and
 judgment, under such conditions as may be prescribed by law, for any
 offense offenses committed against the criminal laws of this state except
 treason and cases of impeachment.
         (3)(a) The Board of Pardons Governor, Attorney General and Secretary
 of State,   sitting as   a board,    shall have power to   remit fines and
 forfeitures and to grant respites, reprieves, pardons, or commutations in
 all cases of conviction for an offense offenses against the laws of the
 state, except treason and cases of impeachment.
         (b) The Board of Pardons shall consist of the Governor, the Attorney
 General, the Secretary of State, and the following members appointed by
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LR27CA                                                                                   LR27CA
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    the Governor and approved by the Legislature to serve for the remainder
    of the Governor's term in office:
        (i) An individual who was formerly incarcerated;
        (ii)    An individual with experience in   restorative justice and
    reentry into society;
         (iii)      An individual with experience as   a victim's rights
  representative; and
         (iv)    An individual with experience in   mental health,    conflict
  resolution, trauma counseling, and trauma therapy.
         (c) The Board of Parole may advise the Board of Pardons Governor,
     Attorney General and Secretary of State on the merits of any application
     for remission, respite, reprieve, pardon or commutation but such advice
     shall not be binding on the Board of Pardons them.
        (4) The Governor shall have power to suspend the execution of the
     sentence imposed for treason until the case can be reported to the
  Legislature at its next session, when the Legislature shall either grant
  a pardon, or commute the sentence, or direct the execution, or grant a
  further reprieve.
         Sec. 2. At a special election to be held in conjunction with the
     statewide primary election in May 2024, the following proposed amendment
     to the Constitution of Nebraska shall be submitted to the electors of the
     State of Nebraska for approval or rejection:
         To amend Article IV, section 13:
        IV-13 (1) For purposes of this section, offense means any offense
     against the criminal laws of this state except treason and cases of
     impeachment.
        (2) The Legislature shall provide by law for the establishment of a
    Board of Parole and the qualifications of its members. Said board, or a
    majority thereof, shall have power to grant paroles after conviction and
    judgment, under such conditions as may be prescribed by law, for any
     offense offenses committed against the criminal laws of this state except
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LR27CA                                                                                  LR27CA
                                                                                    2023
    treason and cases of impeachment.
        (3)(a)     The Governor,    Attorney General and Secretary of   State,
    sitting as a Board of Pardons board, shall have power to remit fines and
    forfeitures and to grant respites, reprieves, pardons, or commutations in
    all cases of conviction for an offense offenses against the laws of the
    state, except treason and cases of impeachment.
        (b)   An individual is   eligible for pardon immediately after
    conviction of an offense.
        (c) The Board of Pardons shall not deny a hearing for a pardon for
    any individual convicted of an offense.
         (d) The Board of Pardons shall make an individual decision for each
     request for a pardon.
        (e) All members of the Board of Pardons shall meet at least twice
    each month to hear any requests for pardons from any individual convicted
    of an offense.
         (f) The Board of Parole may advise the Board of Pardons Governor,
     Attorney General and Secretary of State on the merits of any application
     for remission, respite, reprieve, pardon or commutation but such advice
  shall not be binding on the Board of Pardons them.
        (4) The Governor shall have power to suspend the execution of the
    sentence imposed for treason until the case can be reported to the
    Legislature at its next session, when the Legislature shall either grant
    a pardon, or commute the sentence, or direct the execution, or grant a
    further reprieve.
        Sec. 3. At a special election to be held in conjunction with the
    statewide primary election in May 2024, the following proposed amendment
     to the Constitution of Nebraska shall be submitted to the electors of the
     State of Nebraska for approval or rejection:
         To amend Article IV, section 13:
        IV-13 (1) For purposes of this section, offense means any offense
     against the criminal laws of this state except treason and cases of
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LR27CA                                                                                LR27CA
                                                                                  2023
    impeachment.
         (2) The Legislature shall provide by law for the establishment of a
     Board of Parole and the qualifications of its members. Said board, or a
  majority thereof, shall have power to grant paroles after conviction and
     judgment, under such conditions as may be prescribed by law, for any
  offense offenses committed against the criminal laws of this state except
     treason and cases of impeachment.
         (3)(a)     The Governor,   Attorney General and Secretary of   State,
     sitting as a Board of Pardons board, shall have power to remit fines and
     forfeitures and to grant respites, reprieves, pardons, or commutations in
     all cases of conviction for an offense offenses against the laws of the
     state, except treason and cases of impeachment.
        (b) All members of the Board of Pardons shall meet at least twice
     each month to hear any requests for pardons from any individual convicted
  of an offense. If the Board of Pardons fails to meet as required by this
  subsection during three months within a calendar year, for the remainder
  of the calendar year the Judiciary Committee of the Legislature may hear
 and may grant or deny any requests for pardons received during such
    calendar year.
        (c) The Board of Parole may advise the Board of Pardons Governor,
     Attorney General and Secretary of State on the merits of any application
 for remission, respite, reprieve, pardon or commutation but such advice
    shall not be binding on the Board of Pardons them.
         (4) The Governor shall have power to suspend the execution of the
 sentence imposed for treason until the case can be reported to the
    Legislature at its next session, when the Legislature shall either grant
     a pardon, or commute the sentence, or direct the execution, or grant a
     further reprieve.
        Sec. 4. At a special election to be held in conjunction with the
    statewide primary election in May 2024, the following proposed amendment
    to the Constitution of Nebraska shall be submitted to the electors of the
                                              -4-
LR27CA                                                                            LR27CA
                                                                              2023
 State of Nebraska for approval or rejection:
     To amend Article IV, section 13:
     IV-13 (1) For purposes of this section, offense means any offense
 against the criminal laws of this state except treason and cases of
 impeachment.
     (2) The Legislature shall provide by law for the establishment of a
 Board of Parole and the qualifications of its members. Said board, or a
 majority thereof, shall have power to grant paroles after conviction and
 judgment, under such conditions as may be prescribed by law, for any
 offense offenses committed against the criminal laws of this state except
 treason and cases of impeachment.
     (3)(a)     The Governor,   Attorney General and Secretary of   State,
 sitting as a Board of Pardons board, shall have power to remit fines and
 forfeitures and to grant respites, reprieves, pardons, or commutations in
 all cases of conviction for an offense offenses against the laws of the
 state, except treason and cases of impeachment.
     (b) The Board of Parole may advise the Board of Pardons Governor,
 Attorney General and Secretary of State on the merits of any application
 for remission, respite, reprieve, pardon or commutation but such advice
 shall not be binding on the Board of Pardons them.
     (4)(a) The Board of Commutation shall have power to commute the
 sentence of any individual convicted of an offense.
     (b) The Board of Commutation shall consist of the following members:
     (i) Two members shall be elected from each congressional district
 for two-year terms at the general election in 2026 and at each general
 election thereafter. If a vacancy occurs, the Governor shall appoint a
 replacement member to serve the remainder of the term. Such replacement
 member shall be subject to approval by the Legislature; and
     (ii) One member appointed by the Governor in December of 2026 and
 during December of each even-numbered year thereafter. Such appointed
 member shall serve for a two-year term and shall have experience in
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LR27CA                                                                                LR27CA
                                                                                  2023
  restorative justice and reentry into society. Such appointed member shall
 be subject to approval by the Legislature. If a vacancy occurs, the
    Governor shall appoint a replacement member to serve the remainder of the
     term.   Such replacement member shall be   subject to   approval by   the
  Legislature.
         (5) The Governor shall have power to suspend the execution of the
 sentence imposed for treason until the case can be reported to the
    Legislature at its next session, when the Legislature shall either grant
    a pardon, or commute the sentence, or direct the execution, or grant a
    further reprieve.
         Sec. 5.     The proposed amendments shall be submitted to the electors
  in the manner prescribed by the Constitution of Nebraska, Article XVI,
  section 1, with the following ballot language:
        A constitutional amendment to change the membership of the Board of
    Pardons.
        For
        Against.
         A constitutional amendment to change the powers and duties of the
  Board of Pardons.
         For
         Against.
         A constitutional amendment to allow the Judiciary Committee of the
     Legislature to hear requests for pardons during a year in which the Board
     of Pardons fails to meet as required.
         For
         Against.
         A constitutional amendment to create the Board of Commutation and
  provide for its powers and membership.
         For
         Against.
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