Bill Summary – FastDemocracy

1                                STATE OF OKLAHOMA
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 2                   2nd Session of the 59th Legislature (2024)
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 3   HOUSE JOINT
 3   RESOLUTION 1053                         By: Goodwin
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 6                                  AS INTRODUCED
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 7          A Joint Resolution directing the Secretary of State
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 8          rejection a proposed amendment to Section 10 of
 9          Article VI of the Constitution of the State of
 9          Oklahoma; requiring vote of the people to clarify
10          voting procedures of the Pardon and Parole Board;
10          providing ballot title; and directing filing.
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14   BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES AND THE SENATE OF THE
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15   2ND SESSION OF THE 59TH OKLAHOMA LEGISLATURE:
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16       SECTION 1.     The Secretary of State shall refer to the people for
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17   their approval or rejection, as and in the manner provided by law,
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18   the following proposed amendment to Section 10 of Article VI of the
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19   Constitution of the State of Oklahoma to read as follows:
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20        Section 10.     There is hereby created a Pardon and Parole Board
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21   to be composed of five members; three to be appointed by the
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22   Governor; one by the Chief Justice of the Supreme Court; one by the
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23   Presiding Judge of the Criminal Court of Appeals or its successor.
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24   An attorney member of the Board shall be prohibited from
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     Req. No. 9126                                                     Page 1
 1   representing in the courts of this state persons charged with felony
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 2   offenses.    The appointed members shall hold their offices
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 3   coterminous with that of the Governor and shall be removable for
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 4   cause only in the manner provided by law for elective officers not
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 5   liable to impeachment.   It shall be the duty of the Board to make an
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 6   impartial investigation and study of applicants for commutations,
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 7   pardons or paroles, and by a majority vote make its recommendations
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 8   to the Governor of all persons deemed worthy of clemency.
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 9        In cases where the applicant has received a sentence of death,
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10   a recommendation by the Board for clemency that results in a tie
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11   vote shall not constitute a denial of the recommendation.
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12        Where the applicant has received a sentence of death, alternate
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13   Board members shall be available to vote on a recommendation for
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14   clemency when necessary to break a tie vote, in the absence of a
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15   regularly appointed Board member, or when a regularly appointed
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16   Board member has recused from voting due to an alleged conflict of
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17   interest.    Alternate members of the Pardon and Parole Board shall be
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18   composed of seven members; three members appointed by the Governor;
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19   two members appointed by the Chief Justice of the Supreme Court; and
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20   two members appointed by the Presiding Judge of the Criminal Court
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21   of Appeals or its successor.   Alternate members of the Board shall
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22   be prioritized according to the preferences of the appointing
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23   authority.   In cases where the utilization of an alternate member is
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24   necessary to vote on a recommendation for clemency, the alternate
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     Req. No. 9126                                                     Page 2
 1   member selected shall represent the same appointing authority as
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 2   that of the Board member who is absent or has recused from voting
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 3   and shall have no less than one hundred eighty (180) days to review
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 4   the investigation and application for clemency.   Provided, the
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 5   Pardon and Parole Board shall have no authority to make
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 6   recommendations regarding parole for persons sentenced to death or
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 7   sentenced to life imprisonment without parole.
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 8       The Pardon and Parole Board by majority vote shall have the
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 9   power and authority to grant parole for nonviolent offenses after
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10   conviction, upon such conditions and with such restrictions and
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11   limitations as the majority of the Pardon and Parole Board may deem
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12   proper or as may be required by law.   The Pardon and Parole Board
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13   shall have no authority to grant but may recommend parole for
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14   persons sentenced pursuant to Section 13.1 of Title 21 of the
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15   Oklahoma Statutes or the exceptions to nonviolent offenses as
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16   defined by Section 571 of Title 57 of the Oklahoma Statutes.
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17       The Governor shall have the power to grant, after conviction and
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18   after favorable recommendation by a majority vote of the Pardon and
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19   Parole Board, commutations, pardons and paroles for all offenses,
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20   except cases of impeachment, upon such conditions and with such
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21   restrictions and limitations as the Governor may deem proper,
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22   subject to such regulations as may be prescribed by law.   Provided,
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23   the Governor shall not have the power to grant paroles if a person
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24   has been sentenced to death or sentenced to life imprisonment
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     Req. No. 9126                                                     Page 3
 1   without parole.     The Legislature shall have the authority to
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 2   prescribe a minimum mandatory period of confinement which must be
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 3   served by a person prior to being eligible to be considered for
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 4   parole.    The Governor shall have power to grant after conviction,
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 5   reprieves or leaves of absence not to exceed sixty (60) days,
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 6   without the action of the Pardon and Parole Board.
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 7       The Governor shall communicate to the Legislature, at each
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 8   regular session, each case of reprieve, commutation, parole or
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 9   pardon granted, stating the name of the person receiving clemency,
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10   the crime of which the person was convicted, the date and place of
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11   conviction, and the date of commutation, pardon, parole or reprieve.
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12       The Pardon and Parole Board shall communicate to the
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13   Legislature, at each regular session, all paroles granted, stating
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14   the names of the persons paroled, the crimes of which the persons
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15   were convicted, the dates and places of conviction, and the dates of
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16   paroles.
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17       SECTION 2.    The Ballot Title for the proposed Constitutional
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18   amendment as set forth in SECTION 1 of this resolution shall be in
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19   the following form:
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20                                  BALLOT TITLE
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21   Legislative Referendum No. ____               State Question No. ____
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22   THE GIST OF THE PROPOSITION IS AS FOLLOWS:
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23       This measure amends Section 10 of Article 6 of the Oklahoma
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24       Constitution.     It states that a tie vote on a recommendation for
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     Req. No. 9126                                                      Page 4
 1      clemency shall not be considered a denial of clemency.   It
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 2      allows for alternate members of the Pardon and Parole Board to
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 3      be selected and used under certain circumstances.   It states
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 4      that seven (7) alternate members shall be selected and when an
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 5      alternate member is required to serve, the alternate member must
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 6      be from the same appointing authority as the Board member who
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 7      cannot serve.   It also allows the alternate member time to
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 8      review the investigation and application for clemency.
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 9      SHALL THE PROPOSAL BE APPROVED?
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10      FOR THE PROPOSAL — YES              _____________
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11      AGAINST THE PROPOSAL — NO           _____________
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12      SECTION 3.   The Speaker of the House of Representatives,
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13   immediately after the passage of this act, shall prepare and file
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14   one copy thereof, including the Ballot Title set forth in SECTION 2
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15   hereof, with the Secretary of State and one copy with the Attorney
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16   General.
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18      59-2-9126       GRS      01/17/24
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     Req. No. 9126                                                    Page 5