SECTION 143.42. Reprieve Recommended by the Board  


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  • The Board will consider a reprieve of execution from death sentence upon receipt of a written application in behalf of an offender. The individual filing such application, if other than the offender, may be required to demonstrate that he/she is authorized by the offender to file such application. Any such application shall be addressed to the Texas Board of Pardons and Parole and contain the following information:

    (1) the name of the applicant, execution number, together with any other pertinent identifying information;

    (2) identification of the applicant's agents, if any, who are presenting the application;

    (3) certified copies of the indictment, judgment, verdict of the jury, and sentence in the case, including official documentation verifying the scheduled execution date, if said information is not contained in the sentence;

    (4) a brief statement of the offense for which the offender has been sentenced to death;

    (5) a brief statement of the appellate history of the case, including its current status;

    (6) a brief statement of the legal issues which have been raised during the judicial progress of the case;

    (7) the requested length of duration of the reprieve, which shall be in increments of 30 days that is, 30, 60, 90, etc., unless a different duration is requested upon the basis of the grounds for the application set forth pursuant to paragraph (8) of this section; and,

    (8) all grounds upon the basis of which the reprieve is requested; provided that such grounds shall not call upon the Board to decide technical questions of law which are properly presented via the judicial process.

Source Note: The provisions of this §143.42 adopted to be effective January 1, 1976; amended to be effective January 4, 1984, 8 TexReg 5423; amended to be effective October 19, 1984, 9 TexReg 5163; amended to be effective September 13, 2012, 37 TexReg 7189; amended to be effective October 27, 2013, 38 TexReg 7314; amended to be effective November 9, 2014, 39 TexReg 8598; amended to be effective May 9, 2018, 43 TexReg 2796