MISSISSIPPI LEGISLATURE

2012 Regular Session

To: Constitution; Judiciary, Division B

By: Senator(s) Watson, McDaniel

Senate Concurrent Resolution 572

A CONCURRENT RESOLUTION PROPOSING TO AMEND SECTION 124 OF THE MISSISSIPPI CONSTITUTION OF 1890 TO REQUIRE THE GOVERNOR TO HOLD A PUBLIC HEARING BEFORE GRANTING A PARDON FOR A FELONY AS REQUIRED BY LAW.

     BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI, That the following amendment to the Mississippi Constitution of 1890 is 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, except 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 to remit forfeitures by and with the consent of the Senate. * * *  No pardon shall be granted before conviction. * * *  After conviction, no pardon shall be granted for a felony until the applicant for a pardon publishes his petition for pardon, setting forth the reasons why the pardon should be granted.  The petition must be published for thirty (30) days, in a newspaper in the county where the crime was committed, or if there is no newspaper published in that county, then in an adjoining county. * * *  After publication of the applicant's petition for a pardon, the Governor shall hold a public hearing on the petition in the county where the crime was committed as prescribed by law.

     BE IT FURTHER RESOLVED, That this amendment shall be submitted to the qualified electors at an election to be held on the first Tuesday after the first Monday of November 2012, as provided by Section 273 of the Constitution and by law.

     BE IT FURTHER RESOLVED, That the explanation of this proposed constitutional amendment for the ballot shall read as follows:  "This proposed constitutional amendment requires the Governor to hold a public hearing on any petition for a pardon of a felony as prescribed by law."