House Concurrent Resolution 5

A CONCURRENT RESOLUTION PROPOSING TO AMEND THE MISSISSIPPI CONSTITUTION OF 1890 BY AMENDING SECTION 124 TO REQUIRE A PUBLIC HEARING TO OCCUR IN THE COUNTY IN WHICH A FELONY IS COMMITTED BEFORE A PARDON IS GRANTED FOR THE PERSON WHO HAS COMMITTED SUCH FELONY; AND FOR RELATED PURPOSES.

BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI, That the following amendments to the Mississippi Constitution of 1890 are proposed to the qualified electors of the state:

Amend Section 124, Mississippi Constitution of 1890, to read as follows:

"Section 124. In all criminal and penal cases, excepting those of treason and impeachment, the Governor shall have power to grant reprieves and pardons, to remit fines, and in cases of forfeiture, to stay the collection until the end of the next session of the Legislature, and by and with the consent of the Senate to remit forfeitures. In cases of treason he shall have power to grant reprieves, and by and with consent of the Senate, but may respite the sentence until the end of the next session of the Legislature; but no pardon shall be granted before conviction; and in cases of felony, after conviction no pardon shall be granted until the applicant therefor shall have published for thirty (30) days, in some newspaper in the county where the crime was committed, and in case there be no newspaper published in said county, then in an adjoining county, his petition for pardon, setting forth therein the reasons why such pardon should be granted; and until a public hearing regarding such petition occurs during such thirty (30) days within the county in which the felony was committed. The Governor, or his designee, shall contact the district attorney and the sheriff of the county in which the felony was committed to schedule the hearing."

BE IT FURTHER RESOLVED, That this proposed amendment shall be submitted by the Secretary of State to the qualified electors at an election to be held on the first Tuesday after the first Monday of November 2011, as provided by Section 273 of the Constitution and by general law.

BE IT FURTHER RESOLVED, That the explanation of this proposed amendment for the ballot shall read as follows: "This proposed constitutional amendment requires a public hearing to occur in the county in which a felony crime is committed before a pardon is granted for the person convicted of such felony crime. The Governor, or his designee, is required to contact the district attorney and the sheriff of the county in which the felony was committed to schedule the public hearing."