SENATE JOINT RESOLUTION NO. 13
(By Senator Hunter)
[Introduced March 26, 2001; referred to the
Committee on the Judiciary.]
Proposing an amendment to the Constitution of the State of West
Virginia, amending section eleven, article VII thereof,
relating to governor's power to pardon; providing for a board
of pardons to share the responsibility in determining whether
to grant pardons; numbering and designating such proposed
amendment; and providing a summarized statement of the purpose
of such proposed amendment.
Resolved by the Legislature of West Virginia, two thirds of
the members elected to each house agreeing thereto:
That the question of ratification or rejection of an amendment
to the Constitution of the State of West Virginia be submitted to
the voters of the State at the next general election to be held in
the year two thousand two, which proposed amendment is that section
eleven, article VII thereof be amended and reenacted, to read as
follows:
ARTICLE VII. EXECUTIVE DEPARTMENT.
§11. Pardoning power; board of pardons.
(a) In all criminal cases except impeachment the governor
shall have power to remit fines and penalties in such cases and
under such regulations as may be prescribed by law; to commute
capital punishment and, except where the prosecution has been
carried on by the house of delegates, to grant reprieves and
pardons after conviction; but he shall communicate to the
legislature at each session the particulars of every case of fine
or penalty remitted, of punishment commuted and of reprieve or
pardon granted, with his reasons therefor forfeitures, to grant
reprieves, commutation of sentences and pardons; but no pardon may
be granted, nor sentence commuted, except on the recommendation in
writing of a majority of the board of pardons, and in the case of
a sentence of life imprisonment, on the unanimous recommendation in
writing of the board of pardons, after full hearing in open
session, upon due public notice. The recommendation, with the
reasons therefor at length, shall be delivered to the governor.
(b) The board of pardons shall consist of the attorney
general, the secretary of state and three members appointed by the
governor, with the consent of a majority of the members elected to
the Senate, for terms of six years. The three members appointed by
the governor shall be residents of West Virginia. One shall be a
crime victim; one a corrections expert; and the third a doctor of medicine, psychiatrist or psychologist. The board shall keep
records of its actions, which shall at all times be open for public
inspection.
Resolved further, That in accordance with the provisions of
article eleven, chapter three of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, such proposed
amendment is hereby numbered "Amendment No.1" and designated as the
"Limitation on Governor's Pardoning Power Amendment," and the
purpose of the proposed amendment is summarized as follows: "To
provide, as a prerequisite to granting pardons, that the governor
receive concurrence, in support of the pardon, from the board of
pardons, to be comprised of the attorney general, secretary of
state and three appointed members."
NOTE: The purpose of this bill is to provide for a board of
pardons to share the decision with the governor in determining
whether to grant pardons.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.