Senate Concurrent Resolution 576

A CONCURRENT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 124, MISSISSIPPI CONSTITUTION OF 1890, TO PROVIDE THAT THE GOVERNOR MAY GRANT PARDONS AND COMMUTE SENTENCES ONLY UPON A FAVORABLE RECOMMENDATION BY THE STATE PAROLE BOARD; AND FOR RELATED PURPOSES.

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. (1) 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 that county, then in an adjoining county, his petition for pardon, setting forth therein the reasons why such pardon should be granted.

(2) The Governor may grant pardons and commute sentences under this section only upon a favorable recommendation by the State Parole Board.

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 2012, 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 will provide that the Governor may grant pardons and commute sentences only if he has a favorable recommendation from the State Parole Board."